Transportation Law Lecture Philippines: Common Carriers and Vigilance Over Goods

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- What is a common carrier?
- What could “public” mean?
- Is ownership of the vehicle required for a person to be considered a common carrier?
- What is the best test to determine whether a person is a common carrier?
- Are school buses considered common carriers?
- Are travel agencies considered common carriers?
- What are private carriers?
- Main distinctions between private and common carriers?
- When may a common carrier be converted to a private carrier by stipulation?
- What is a bareboat or demise charter?
- What governs rights and obligations of carriers?
- What are Transportation Network Companies (TNCs)?
- Are TNCs considered common carriers?
- How should common carriers transport goods or passengers?
- Which carrier can exempt itself from liability due to negligence of its employees?
- Is a Certificate of Public Convenience required for a person to be held liable under provisions on Common Carriers?
- When is negligence on the part of common carriers presumed?
- How can a common carrier escape from liability?
- Who is liable in case of breach of Conditions of Carriage: Operator/owner/carrier or driver or both?
- What is quasi-delict?
- Are common carriers liable even if they exercised ordinary diligence and care?
- Is the presumption of negligence limited only to death or injury to passengers?
- What is the quantum of evidence required to prove failure of exercising extraordinary diligence?
- When does the extraordinary responsibility of a common carrier begin and end?
- Is the mere issuance of a bill of lading sufficient to bind the carrier?
- When is a bus company liable for the loss of luggage?
- Proof of delivery in good condition must be paired with what to establish prima facie case of negligence against the carrier?
- When is the obligation of the carrier reduced to ordinary diligence?
- What are exempting causes/defenses available for the carrier in case of loss, damage, or destruction of the goods?
- How can a carrier be absolved from liability arising from force majeure?
- When is the carrier absolutely liable in case of loss, damage, or destruction caused by natural disaster?
- Can a common carrier stipulate the degree of vigilance to less than extraordinary diligence?
- Examples of stipulations contrary to public policy?
- What shall be considered in determining the stipulation limiting the carrier’s liability?
- In foreign shippings, what law shall govern in case there is loss, damage, or destruction?
- Are passengers bound by the venue stipulations in the ticket?
- Is a stipulation limiting the liability of the carrier to a fixed amount valid?
- What if the shipper did not disclose the true value of his goods, what is the limit of the carrier’s liability as to the value of the goods?
- What is the liability of common carriers for baggage of passengers?
- What rule governs in case of loss of hand-carried baggage?
- What is the basic rule on necessary deposits?