CALDERON MARIA GINALYN C.

02/14/2021

i. Yes, common carriers are liable for the injuries to passengers if they have only observed
ordinary diligence and care because what is required of them is extra ordinary diligence in
the transport of their passengers.
ii. The one year prescriptive period should apply under the COGSA because what is involved in
the case is a ship.
iii. No, the warsaw convention denies to the carrier the limitation of his liability if the damage is
caused by his willful misconduct or by such default on his part. In the instant problem, it can
be seen that the damaged caused to X was due to the fault or negligence of the airlines
hence, X can collect damages up to the extent of the value of his missing luggage with no
limitation.
iv. Prior Operator Rule states that before permitting a new operator to operate in the territory
of another operator already established with a certificate of public convenience, the prios
operator must first be given the opportunity to extend its service in order to meet the public
needs. Prior Operator rule does not apply when the new operator is only granted a maiden
franchise, or one which does not really overlap with the entire route of the old operator but
covers only a short portion of the old operator’s route as a convergence point.
Prior operator rule prevails over prior applicant rule. Existing franchise operator preferential
right within authorized territory as long as said operator renders satisfactory and
economical service.