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Laws On Transportation and Public Utilitiestorts
Laws On Transportation and Public Utilitiestorts
1. Definition
a. Basis: article 1732 of the CC
b. persons, corporations, firms or associations
engaged in the business of carrying or transporting
passengers or goods or both, by land water or air,
for compensation, offering their services to the
public
c. *** one that holds itself out as ready to engage in
the transpo of goods for hire as a public
employment and not as casual occupation
i. no distinction between those offering on
scheduled basis and those offering on
unscheduled basis
2. TESTS for determining WON common carrier
a. Must be engaged in the business of carrying goods
for others as public employment and must hold
himself out as ready to engage in the
transportation of goods as a business and not as a
casual occupation
b. He must undertake to carry goods of the kind to
which his business is confined
c. He must undertake to carry by the method by
which his business is conducted and over his
established roads
d. Transportation must be for hire
3. DOCTRINES
a. no distinction between those offering services for
the general public and those who offer only from a
narrow segment of the general population (de
guzman vs CA)
i. definition of public service under Public
Service Act
23. GAL
a. This includes all damages and expenses
deliberately caused to save the vessel, cargo or
both from real and known risk.
b. REQS:
i. Common danger
24. PAL
28. SALVAGE
a. There must be marine peril
b. Vessel shipwrecked beyond control of the crew/
abandoned
c. Voluntarily rendered
d. Must be successful in whole or in part
WARSAW CONVENTION
29. WARSAW CONVENTION
a. This applies to international transportation by air
i. The place of departure and destination are
within the territories of 2 contracting
countries regardless of WON there was a
break in the transportation
ii. Place of departure and destination are
within the territory of a single contracting
country IF there is an agreed stopping place
within a territory subject to the sovereignty,
mandate or authority of another power,
even though the power is not a party to the
convention.