IT Law 5/3/2021

Consti – no person shall be improsoned due to debt

Exceptions:

Issuance of worthless check

Use of credit card – contract of loan with the bank

Example: Sen Gatchalian Food Panda Case

Access device – card and the terminal

Counterfeit and unauthorized devices – not authoized from the original

Consumer – nat person. Always named under a natural person

Credit/payment card

Sec 4

Credit card cannot be unsolicited. You should apply for it

Disclosure requirements

What you need to know

1. Fees

Sec 7 important

Sec 8 principle cc comp failed to disclose the info there is a due process and hearing

Sec 9 access device fraud – unlawful – use of devices which are unathorized

Ra 11449 – 2019 – unauthorized used of cards and devices. Phishing etc

Sec 10 – Penalties, no longer applicable ra 11449

Sec 11 – bar! 2 or more person conspired – each shall be punished, all are prinicipal

Frustrated 2/3

Attempted ½

Sec 14 ! - mere possession or control is considered as intent to defraud

Transportation

Air Transporation

Contract bet the air travel company and consumer (passenger or goods)

Includes 2 possibel types

 1. Carry cargoes
2. Carry passenger

Safely to their destination

2 must concur

1. Safe carrying
2. It must be carried to the destination

When we talk about passenger, it may include carriage of cargo with limitation

Connecting flights

Ph-hongkong – where you bought the tickets

Hk-abu -

Which airline do you have a contract with – has the liability

British

Imbued with public interest – presumption that the air carrier is negligent – res ipsa loquitor – the thing
speaks for itself

It is incumbent upon the air carrier to prove otherwise

Negligence = damage

1. Economy
2. Business class
3. First class

Air carrier is not an insurer of all risks

PRINCIPLES

1. Includes

IATA

Inter air transport assoc

Promotes to have an efficient safe and sustainable travel

Types of liability in air transportation

1. No liability clause – airline has no liability at all – void

2. Limited liability clause – liability has a maximum amount/limited amount - void
 3. Qualified liability clause – valid – declare the value of cargo, if amount was not declared. There is
only limitation

Warsaw convention

Place of bus

Where contract is executed

Place of destination