A.

Definition of transpo: when is transpo commercial

B. Classes of transportation

C. Common Carrier ( definition and elements)

Article 1732. Common carriers are 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.

D. Private vs common carrier

E. Fortuitous event: Article 1734. Common carriers are responsible for the loss, destruction,
or deterioration of the goods, unless the same is due to any of the following causes only:

(1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;

(2) Act of the public enemy in war, whether international or civil;

(3) Act or omission of the shipper or owner of the goods;

(4) The character of the goods or defects in the packing or in the containers;

(5) Order or act of competent public authority.

Article 1735. In all cases other than those mentioned in Nos. 1, 2, 3, 4, and 5 of the preceding
article, if the goods are lost, destroyed or deteriorated, common carriers are presumed to have
been at fault or to have acted negligently, unless they prove that they observed extraordinary
diligence as required in article 1733

Article 1739. In order that the common carrier may be exempted from
responsibility, the natural disaster must have been the proximate and only cause of
the loss. However, the common carrier must exercise due diligence to prevent or
minimize loss before, during and after the occurrence of flood, storm or other
natural disaster in order that the common carrier may be exempted from liability for
the loss, destruction, or deterioration of the goods. The same duty is incumbent
upon the common carrier in case of an act of the public enemy referred to in article
1734, No. 2.

AF BROKERAGE

While paragraph No. 4 of Article 1734[55] of the Civil Code exempts a common
carrier from liability if the loss or damage is due to the character of the goods or
defects in the packing or in the containers, the rule is that if the improper packing is
known to the carrier or his employees or is apparent upon ordinary observation, but
he nevertheless accepts the same without protest or exception notwithstanding
such condition, he is not relieved of liability for the resulting damage.[

2. "Defect" is the want or absence of something necessary for completeness or

perfection; a
lack or absence of something essential to completeness; a deficiency in something
essential to the proper use for the purpose for which a thing is to be used. 48 On the other
hand, inferior means of poor quality, mediocre, or second rate. 49 A thing may be of
inferior
quality but not necessarily defective. In other words, "defectiveness" is not synonymous
with
"inferiority.