Sam Henderson Lofranco

1. No, the contention of ABC Shipping Co is not meritorious. Since Juan and ABC Shipping Co
engage into contract and the goods will be transported to Davao on April 5, 2021. ABC Shipping
Co is bound to exercise the extra ordinary diligence from the nature of their business and for
reasons of public policy, are bound to observe extra ordinary diligence in the vigilance over the
goods and for the safety of the passengers transported by them according to all the
circumstances of each case. Therefore, ABC Shipping Co. is not meritorious.
2. Yes, the contention of ZZZ Shipping Co is correct. CCC shall liable on his own action since there
was a poor packing on the cargo.  The general rule on liability which states that a carrier is liable
for loss or damage to cargo, unless it proves that the loss or damage was not due to the "fault or
neglect" of the carrier or any of its agents or servants. The question is to what extent the carrier
may exempt itself from liability under this rule when the cargo has been insufficiently packed.
Thus, ZZZ Shipping has no fault or neglect. Therefore, ZZZ Shipping Co. contention is correct.
3. A. In the rulings for the court: (1) that "hijacking" is not necessarily a fortuitous event because
the term refers to the general stealing of goods during transit;15 (2) that JG Transportation is a
common carrier engaged in the business of transporting goods for the general public for a fee;
(3) even if the "hijacking" were a fortuitous event’s failure to observe extraordinary diligence in
overseeing the cargo and adopting security measures rendered it liable for the loss.

B. Yes, my answer is still the same. The Court held that hijacking, not being included in the
provisions of Article 1734, must be dealt with under the provisions of Article 1735 and thus, the
common carrier is presumed to have been at fault or negligent. To exculpate the carrier from
liability arising from hijacking, he must prove that the robbers or the hijackers acted with grave
or irresistible threat, violence, or force.

4. Yes, BBB Movers Co. is a common carrier. Which they were under contract between ABC
Company which is a common carrier. Thus, BBB Movers is still liable for damages since they
entered into an exclusive agreement and BBB Movers failed to practice exercise extraordinary
diligence. Extraordinary diligence means that extreme care and caution which very prudent and
thoughtful persons use in securing and preserving their own property. The absence of
such extraordinary diligence is termed slight negligence.
5. Yes, both parties are correct. In case both parties have committed a breach of the obligation, the
liability of the first infractor shall be equitably tempered by the courts. If it cannot be
determined which of the parties first violated the contract, the same shall be deemed
extinguished, and each shall bear his own damages.