Transportation Law - Course Outline
Transportation Law - Course Outline
Transportation Law - Course Outline
Cabana
Transportation Law
Course Outline
Atty. Rodolfo Rabaja
The relationship between common carrier and shipper contains factors which make up
the concept of trust However, a common carrier should not be considered as an
absolute insurer against all risks of travel
Article 1734 - Common carriers are responsible for the loss,
destruction, or deterioration of the goods, unless the same is due
to any of the following causes only.
In the instances enumerated in this article, the common carrier is NOT responsible.
However, if there be fault on the part of the carrier, it will be LIABLE.
Exceptions: Here, the carriers is NOT presumed to be at fault BUT shipper may prove
carrier’s fault, in which case the carrier will be liable.
Note: that liability exists even if the goods are: temporarily unloaded or stored in transit
Exception is when the right of stoppage in transit has been exercised. Here strictly
speaking, there is no more contract of carriage. And the carrier as depositary, will also
be laible as such depositary, and not as carrier
If the natural disaster occurs when the carrier is already in default (because of its
negligence), the carrier can still be held liable
This article stresses the duty of the carrier to prevent or minimize the loss, even if it was
not at fault
This high degree of care is imperatively demanded by the preciousness of human life,
and by the consideration that every person must in every way be safeguarded against
all injury