negligence?
A:
1. The cause of the breach of obligation must be independent of the will of the debtor
2. The event must be unforeseen or unavoidable
3. The event must be such as to render it impossible for the debtor to fulfil his obligation in a normal manner
4. The debtor must be free from nay participation in or aggravation of the injury to the creditor.
Q: What is the importance of absence of delay? A: The absence of delay is important in case of
natural disaster because if a common carrier incurs in delay in transporting the goods, such disaster shall not free such carriers from responsibility. (Art. 1740 NCC)
Q: What are the rules regarding the time of delivery of goods and delay?
A:
1. If there is an agreement as to time of
delivery – delivery must be within the
time stipulated in the contract or bill of lading 2. If there is no agreement – delivery must be within a reasonable time. (Saludo, Jr. v. CA, G.R. No. 95536, Mar. 23, 1992) Q: If there is delay in the delivery of goods, what is the liability of the carrier?
A: The carrier shall be liable for damages
immediately and proximately resulting from such neglect of duty. (Saludo, Jr. v. CA, GR No. 95536,
Mar. 23, 1992)
Q: What are the Civil Code provisions regarding delay in the transportation of goods?
A:
1. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages; (Art.
1170)
2. If the common carrier negligently incurs in delay in transporting the goods, a
natural disaster shall not free such carrier from responsibility; (Art. 1740)
3. If the common carrier, without just cause, delays the transportation of the goods or changes the stipulated or usual route, the contract limiting the common carrier’s liability cannot be availed of in case of the loss, destruction, or deterioration of the goods; (Art. 1747)
4. An agreement limiting the common carrier’s liability for delay on account of strikes or riots is valid. (Art. 1748)
Q: What are the defenses available to any common carrier to limit or exempt it from liability?
A:
1. Observance of extraordinary diligence; or
2. Proximate cause of the incident mentioned in Art. 1734. (2001 Bar
Question)
A. CONTRIBUTORY NEGLIGENCE
Q: What is the rule if there is contributory negligence on the part of the shipper?
GR: If the shipper or owner merely contributed to
the loss, destruction or deterioration of the goods, the proximate cause thereof being the negligence of the common carrier, the latter shall be liable for damages, which however, shall be equitably reduced. (Art. 1741)
XPN: In a collision case and allision cases, the
parties are liable for their own damages.
B. DURATION OF LIABILITY
Q: When does the duty to exercise extraordinary diligence start and end with respect to carriage of goods?
A: It lasts from the time the goods are
unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee or to the person who has a right to receive them. (Art. 1736)
Q: To whom should delivery be made? A: It must be delivered, actually or constructively, to the consignee or to the person who has a right to receive them.
Note: Delivery of the cargo to the customs authorities is not delivery to the consignee, or to the person who has a right to receive them. (Lu Do & Lu Ym Corp. v. Binamira, G.R. No. L‐9840, Apr. 22, 1957) Q: What is constructive delivery? A: It is a delivery of a representation of property (as a written instrument) or means of possession (as a key) that is construed by a court as sufficient to show the transferor's intent or to put the property under the transferee's control
Q: What is the right of stoppage in transitu?
A: It is the right exercised by the seller by
stopping the delivery of the goods to a certain buyer or consignee (because of insolvency) when such goods are already in transit. Q: What is the rule as to unloading, storage and stoppage in transitu? A:
GR: The common carrier’s duty to observe
extraordinary diligence in the vigilance over the goods remains in full force and effect even when they are temporarily unloaded or stored in transit.
XPN: When the shipper or owner has made
use of the right of stoppage in transitu.
Q: What is the diligence required in exercising the right of stoppage in transitu?
A: Ordinary diligence because of the following:
1. It is holding the goods in the capacity of an ordinary bailee or warehouseman and not as a carrier;
2. There is a change of contract from a contract of carriage to a contract of deposit;
Note: If the seller instructs to deliver it somewhere else, a new contract of carriage is formed and the carrier must be paid accordingly. C. STIPULATION FOR LIMITATION OF LIABILITY
Q: Are stipulations limiting the carrier’s liability valid?
A: Yes, provided it be:
1. In writing, signed by the shipper or owner
2. Supported by a valuable consideration other than the service rendered by the common carrier
3. Reasonable, just and not contrary to public policy. (Art. 1744)
Q: May a stipulation limiting the common carrier’s liability be annulled by the shipper or owner?
A: Yes, if the common carrier refused to carry the
goods unless the shipper or owner agreed to such stipulation. However, under this provision, annulment of the agreement limiting the carrier’s liability is still necessary. (Art. 1746)
Note: There is no need to annull, if the common carrier without just cause:
1. Delays the transportation of the goods; or 2. Changes the stipulated or usual route, the contract limiting the common carrier’s liability cannot be availed of in case of loss, destruction, or deterioration of the goods. (Art. 1747)
Q: What are some stipulations limiting the liability of common carriers which may be valid?
A:
1. An agreement limiting the common carrier’s liability for delay on account of strikes or riots. (Art. 1748)
2. A stipulation that the common carrier’s liability is limited to the value of the goods appearing in the bill of lading, unless the shipper or owner declares a greater value and pays corresponding freight. (Art. 1749)
3. A contract fixing the sum that may be recovered for the loss, destruction, and deterioration of goods is binding provided that it is just and reasonable under the circumstances and it has been fairly and freely agreed upon. (Art.
1750)
4. When a passenger is carried gratuitously, a stipulation limiting the common carrier’s liability for negligence