You are on page 1of 4

Contract of Transportation

-when a person obligates himself to transport persons or property from one
place to another for a consideration.

 Common v private
 Goods v passenger
 For fee/hire/gratuitous
 Land,water/maritime, or iar; and
 Domestic/inter-island/coastwise or international foreign

Carriage of passengers
1. Common carrier – 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.
2. Passenger – one who travels in a public conveyance by virtue of contract
express or implied, with the carrier as to the payment or fare or that which is
accepted as an equivalent thereof.

Not a passenger thus entitled only too ordinary diligence. (Not-FUMWU)
a. One who has not yet boarded any part of the vehicle regardless whether or
not he has purchased a ticket
b. One who has boarded by fraud, stealth or deceit
c. One who remains on a carrier for an unreasonable length of time after he has
afforded every safe opportunity to alight
d. One who attempts to board a moving vehicle although he has ticket, unless
the attempt be with knowledge and consent of the carrier;
e. One who has boarded a wrong vehicle, he has been properly informed of such
fact, and on alighting, is injured by the carrier
f. One who rides any part of the vehicle which is unsuitable or dangerous or
which he knows is not designed or intended for passengers

Carriage of Goods
1. Shipper – any person, partnership or corporation who delivers the goods to
the carrier of transportation and pays the consideration or on whose behalf
payment is made.
2. Carrier
3. Consignee – person to whom the goods are to be delivered

Perfection of Contract of Transportation
1. Contract to carry – an agreement to carry the passenger at some future date.
- Consensual, perfected by mere consent
- Action for damages for breach of contract to carry

Contract of carriage between passenger and an airline – perfected when passenger had checked in at the departure counter. Engaged in the business of carrying goods for others as a public employment 2. possess sufficient fare and present himself to the carrier for transportation at the proper place and manner provided b. The passenger is deemed to be accepting the offer if he is already attempting to board the conveyances and the contract of carriage is perfected from that point. and upon their receipt by the carrier for transportation. Common carrier – persons. Buses. Contract of carriage of goods – by the act of delivery of the goods. Trains a. water. boarded the shuttle bus and proceeded to the ramp of the aircraft and his baggage loaded to the aircraft. by land. Undertake to carry goods of the kind which his business is confined 3. passed through customs and immigration. corporations. Undertake to carry by the method which his business is conducted 4. undertakes to deliver goods or passengers for compensation. 2. firms or associations engaged in the business of carrying or transporting passengers or goods or both. offering their services to the public. Common Carrier Private Carrier Law on common carrier Law on obligations and contracts Subject to State regulation Not subject to state regulation Holds himself out for al people Contracts with particular individuals or indiscriminately groups only . without being engaged in the business of carrying as a public employment. Jeepneys and Street Cars – act of driver in stopping their conveyances is a continuous offer to riders. Characteristic of Common Carrier 1. Contract of Carriage or of Common Carriage – real contract for not until the facilities of the common carrier are actually used can the carrier be said to have already assumed the obligation of the carrier Aircraft a. when the goods are unconditionally placed in the possession and control of the carrier. or air for compensation. Transportation must be for hire Private Carrier – one which. Contract to carry passenger – perfected even if no tickets are issued so long as there was already meeting of the minds with respect to the subject matter and the consideration b. Contract to carry passengers – person must have bona fide intention to use the facilities of the carrier.

being negligence of its employees or agents. direct and joint and several or solidary with the driver Lease vehicle – need to be registered in order to bind third person Lease not registered – does not bind third person Remedy: a registered owner who has already sold or transferred a vehicle has recourse to a third-party complaint. Operator of beach resort that accepts clients by virtue of a tour package 2. in the same action brought against him to . It cannot stipulate that it is or good customs. Ordinary Diligence Arrastre Service – A contract of unloading of goods from a vessel/solidary liability with common carrier/same degree of diligence as common carrier-extraordinary Stevedoring Service – it refers to the handling of the cargo in the holds of the vessel or between the shipi’s tackle and the hold of the vessel Registered Owner Rule GR – The person who is the registered owner of the vehicle is liable for any damage caused by the negligent operation of the vehicle although the same was already sold or conveyed to another person at the time of the accident XNP : Vehicle stolen from garage without the owner’s knowledge and consent Liability of registered owner: liable for damage : damages arising from the tortuous acts of the driver is primary. morals by law. Ligtherage and dryage and offers its barges to the public Private Carrier 1. Pipeline Operators 4. Junk dealer which backhauls goods for other merchants on a periodic manner 3. It cannot stipulate that exempt from liability for the negligence it is exempt from liability for the of its employees nor agents.Extraordinary diligence Ordinary diligence Prove extraordinary diligence Caso fortuito Parties may not agree on limiting the Parties may limit the carrier’s liability carrier’s liability except when provided provided it is not contrary to law. Bus service for school children 5. contrary to public Instances of common carrier 1. Bessel which rendered tramping services 2. Exclusive contractor and hauler Travel Agency – not a common carrier/contract of service/ordinary diligence Towage – One vessel is hired to bring another vessel to another place.

Whatever the driver earns in excess of that amount is his income. Transport the goods safely to the agreed destination 5. Exercise Extraordinary Diligence .recover for the damage or injury done. Accept the goods 3. Deliver the goods to proper person 2. against the vendee or transferee of the vehicle. for a fee or percentage of such earnings. Kabit system – is an arrangement whereby a person who has been granted a certificate of public convenience allows other persons who own motor vehicles to operate under such license. Obligation of a common carrier in the carriage of goods . Boundary System – the driver is engaged to drive the owner/operators unit and pays the latter a fee commonly boundary for the use of the unit.DASTE 1. Seasonably deliver the goods to the destination 4.