Day 1 (Art 1732-1747)1. What is a common carrier? - services to the public2. Parties. 1. Shipper/ Consignor2. Common Carrier3. Consignee3. Governing laws 1. Civil Code (Primary Law) 2. Code of Commerce or Special Law (Suppletory law)4. Art. 1753 - laws of the country to which the goods are to be transported shall govern5. What is the governing law when the shipment is from the Phil to foreign destination? - the law of the point of destination Art. 17536. Parties would stipulate that the Carrier Good Sea Act will govern than the Civil Code.7. Air transportation the governing law1. domestic - Civil Code of the Phil (Primarily) 2. international - provisions of the Warsaw Convention8. High Contracting Parties countries that participated in the Warsaw Convention9. Flights1. international flights one to HCP to another HCP (regardless of the stop over)10. If there will be a breach of contract in case of intl flights, where will you file? - Place where the principal domicile of the carrier or the place where principal business of the common carrier or where you bought/purchased the ticket or place of the destination.11. Example of a common carrier & differentiate a common carrier from the private carrier.12. Private carrier chartered flights that are private in nature. School buses13. Extraordinary diligence Art 1733 (basis)14. how long will it last and when will it start? Art. 1736-173815. Actual and constructive delivery ends the obligation of the carrier16. After the lapse of the reasonable time can one say that there is the constructive delivery.17. Right of the stoppage in *transitu18. In the RSIT the diligence is reduced from EOD to good father of a family because the contract does not exist. 19. Art. 1734 (Defenses of the common carrier) MEMORISE1. Natural disaster proximate cause2. If there is contributory negligence of the shipper however the common carrier shall still be liable for such damage but it will be reduced. 20. Art. 1735 21. Before, during and after the common carrier must exercise diligence after the occurrence of such to exempt himself from responsibility22. Obligations of the common carrier1. Due diligence 2. accept or carry the goods/passengers without discrimination 3. receive delivery1. to the place stipulated in the bill of lading2. at the time stipulated or in the absence thereof reasonable time3. Tardiness will make the common carried liable or hold accountable23. Art. 1747 delays without just case or deviates from the stipulated route, common carrier cant avail to lessen the liability in case of loss, destruction or deterioration of the goods.24. transhipment - cargo is transferred from one vessel to another. GENERAL PROHIBITED. unless just or there was a previous stipulation of which.25. Extraordinary diligence - It must provide the vessel that is sea worthy. Sea worthy the vessel fit with regards to the materials, engineering and equipments which it was made to meet the normal hazardous environment of the journey. It must be cargo worthy. 26. Duty of the passenger(shipper)1. delivery it on time2. extraordinary diligence3. pay the freight & other expenses for delays4. pay the demurrage - compensation of the damages paid for detaining the vessel for certain beyond the time stipulated for the purpose of the unloading and loading. 27. Art 1744 states that the diligence can be lowered or reduced however nothing that of below diligence of a good father. 28. Art. 1745 MEMORIZE

Day 2 (Art. 1748- 1766)1. Lhuiller v British Airways 2. Carriers lien - the common carrier has a certain right or interest over the cargos of the shipper if the latter does not pay the freight. The former now has the right to sell the object and the proceeds will be treated as the payment of the shipper. Goods Passenger

Extra ordinary DiligenceExtra ordinary diligence

Loss deterioration shipper is presumed to be at fault (Art 1735)Loss deterioration shipper is presumed to be at fault (Art. 1756)

3. Transportation of passengers extraordinary diligence (both cargo and passenger); but in passenger When will it start and end? Land - the moment the passenger stepped on the platform; bought the ticket4. X company, A came from Caloocan bound to Makati and he was injured, Liable? Yes, requisites: it has entered into a contract of carriage, expressly or impliedly; with the intention tot be transported from one place to another. Injured by the driver still liable Common carrier advised not to injure passenger still liable Injure by fellow passenger still liable news boy was allowed to bound the carrier, not as passenger but to sell newspaper still liable if injured5. Obligations of the passenger 6. LRTA v Natvidad 7. A is assigned in the terminal in Pasay who was a security guard but lives in Caloocan and when the bus of his employer boarded the bus while he was in the bus he saw his gf with another suitor, h got a service pistol and shot the guy, is the common carrier liable? YES! Art. 17638. A was a passenger of the bus, the common carriers tire(brand new) exploded 9. Cargo were damaged was due to the fault of the comm carrier, but there was a contributory negligence on the part of the passenger, will that absolve the liability of the common carrier? - NO! Proximate cause common carrier & there is contributory negligence on the part of the passenger still liable despite there was a contributory negligence 10. When will it be reduced? 11. Degree of diligence of the passenger so that he will not be tainted with the right to recover damages diligence of a good father12. Prohibition do not talk to the driver when he is driving however there were individuals who talked to him and in the process there incurred accident and the passengers died, common carrier liable? YES!13. Rode at the roof top, common carrier liable? still liable 14. A boarded a bus from Cubao, A intended to go to Boni Ave however failed to do so because he fell asleep. He was awaken by the conductor which the bus was already in Makati which subsequently an accident occurred that injured the passenger. Common carrier liable? YES! 15. If there is contributory negligence on the part of the shipper that will be reduced*********************1. Common carrier has the obligation to accept the passengers without discrimination. 2. Obligation to transport the passenger safely to their point of destination. Art. 1755.3. Exercise extra ordinary diligence. 4. When will the extra ordinary diligence start & end? by land bus or land transportation it has stopped to take in passengers & the passengers attempted to board the vehicles (start), the passenger has alighted from the carrier and reasonably placed himself in a safe place (end) train - the person purchased the ticket (start) alighted from the vessel and in a safer place (end) the law wants to protect and the safety of the passenger & impose on the carriers that the offer when accepted should be in a safe situation to board. unusual place and with consent considered passenger and common carrier shall be liable was asleep and was not able to alight from his point of destination but was awaken and informed that he has the opportunity to get off yet he didnt, carrier shall not be liable for anything that will happen after. employees are not considered passengers no such thing as breach of contract of carriage common carrier use advising and supervising his employees as an escape from liability (breach of contract) maybe applicable on torts applicable. In order for the common carrier incase of holdup - there must be irresistible force for one that makes self defence is impossible. Cases that can be filed culpa contractual (be filed against the common carrier) be supported with preponderance of evidence Quasi -delict, a vessel was moving to the wharf and was bout to dock it lost control and destroyed the pier and cargo. Culpa criminal - against the driver Damages that will be awarded moral damages - anxiety, sleepless night, pains (not be awarded with culpa contractual except DEATH and gross negligence) exemplary damages nominal damages - vindicate right of the person actual damages - Life expectancy of the person should be computed. by sea by air check in / pre-departutre area (start) passengers are those who have entered into a contract implied or actual, to be transported from one place to another.

After Midterms 1/3020151. What do you mean by charter party?2. how many kinds of contracting parties?3. Bair Boat? Does it change the nature of the common carrier? Who is in command?4. Requisites for a valid charter party5. What do you mean by loan on respondent & bottomry 6. what is Demorage ?7. Contract of a Afreightment?1. 2 kinds? Voyage Charter & Time Voyage8. Primage?9. Embargo? 10. Difference between LOB & LOR?11. Can a ship captain enter into a loan of respondentia? No, the only person is the owner of the cargo. How bout charter party? yes! Can he not? he can. LOB? Yes, necessary circumstances arises it is needed for him to do such. condition to enable such act Outside the residence of the ship captain? how bout within the residence?12. Charter party - can captain sell the cargoes?13. LoB cargoes were lost, vessel was saved. Borrower liable to pay because the security given withstand and still in existence. 14. LOB cargoes were saved, vessel lost who is liable to pay the amount loan?15. During the voyage, captain realised that the ship was no longer not sea worthy what is his action or obligation?16. LOB order of payment payment to satisfy the loan; lots of loans: 17. what do you mean by bare boat charter?18. Cargoes destroyed before it has reached the destination 19. Other exemptions20. Can it be rescinded? how bout to the request of the parties?21. Obligations of the owner of the vessel as far as it was chartered?22. during the voyage has preference than does vessel has made to go on a voyage; order of preference will be inverted order based on the dates, proportioned 23. 50 - veseel 70 M loan because of fraud; 50m - valid, 20m simple loan 24. can the ship captain enter into a LoB yes if he is within the residence(office) of the ship agent and owner and authorise to do that, outside we could still if it is connected with his inherent duty provision of the vessel, equipping or repair; he is a co-owner of the vessel with regards to his share25. how bout a LoR? CANT he is the not an agent or rep of the cargo