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Transportation Law Reviewer SAN BEDA PDF
Transportation Law Reviewer SAN BEDA PDF
54
MEMORY AID IN COMMERCIAL LAW
TRANSPORTATION LAWS
Parties
1. Common carrier 1. Common carrier
2. Shipper 2. Passenger
3. Consignee
Cause of liability
Delay in delivery, loss, Death or injury to the passengers
destruction, or deterioration of the
goods
Duration of liability
From the time the goods are The duty of a common carrier to
unconditionally placed in the provide safety to its passengers
possession of, and received by so obligates it not only during the
COMMERCIAL LAW COMMITTEE
CHAIRPERSON: Garny Luisa Alegre ASST. CHAIRPERSON:Jayson O’S Ramos EDP: Beatrix I. Ramos SUBJECT HEADS:
Marichelle De Vera (Negotiable Instruments Law); Jose Fernando Llave (Insurance); Aldrich Del Rosario (Transportation Laws);
Shirley Mae Tabangcura, Bon Vincent Agustin (Corporation Law); Karl Steven Co (Special Laws); John Lemuel Gatdula (Banking Laws); Robespierre CU (Law on Intellectual
Property)
San Beda College of Law
58
MEMORY AID IN COMMERCIAL LAW
the carrier for transportation until course of the trip, but for so long
the same are delivered actually or as the passengers are within its
constructively by the carrier to the premises and where they ought
consignee or to the person who to be in pursuance to the contract
has the right to receive them. (Art. of carriage. (LRTA v. Navidad,
1736) [2003])
It remains in full force and effect All persons who remain on the
even when they are temporarily premises within a reasonable
unloaded or stored in transit time after leaving the
unless the shipper or owner has conveyance are to be deemed
made use of the right of stoppage passengers, and what is a
in transitu. (Art. 1737) reasonable time or a reasonable
It continues to be operative delay within this rule is to be
even during the time the goods determined from all the
are stored in a warehouse of the circumstances, and includes a
carrier at the place of destination reasonable time to see after his
until the consignee has bee baggage and prepare for his
advised of the arrival of the goods departure. (La Mallorca v. CA, 17
and has had reasonable SCRA 739 ; Abiotiz Shipping
opportunity thereafter to remove Corporation v. CA, 179 SCRA
them or otherwise dispose of 95)
them. (Art. 1738) It is the duty of common
Delivery of goods to the carriers of passengers to stop
custom authorities is not delivery their conveyances a reasonable
to the consignee. (Lu Do v. length of time in order to afford
Binamira, 101 Phil 120) passengers an opportunity to
enter, and they are liable for
injuries suffered from the sudden
starting up or jerking of their
conveyances while doing so.
The duty which the carrier of
passengers owes to its patrons
extends to persons boarding the
cars as well as to those alighting
therefrom (Dangwa Trans Co.,
Inc. vs. CA 202 SCRA 574).
Presumption of negligence