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1 Common Carrier Defenses Limitation of Liability (2001) : Suggested Answer

1. A passenger was injured in a plane accident while riding with a common carrier airline. The airline claimed it was not liable because the ticket stipulated an exemption from liability and notices were posted dispensing with the requirement of extraordinary diligence. It also claimed reduced liability because the passenger received a discounted fare. 2. These are not valid defenses under the law as they violate the requirement of extraordinary diligence for common carriers. 3. The valid defenses available for common carriers to limit liability are observance of extraordinary diligence, an unforeseeable event or force majeure, acts of the shipper or goods owner, defects in packaging or containers, and acts of public authorities without negligence by the carrier

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Hiezll Wynn R. Rivera
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32 views

1 Common Carrier Defenses Limitation of Liability (2001) : Suggested Answer

1. A passenger was injured in a plane accident while riding with a common carrier airline. The airline claimed it was not liable because the ticket stipulated an exemption from liability and notices were posted dispensing with the requirement of extraordinary diligence. It also claimed reduced liability because the passenger received a discounted fare. 2. These are not valid defenses under the law as they violate the requirement of extraordinary diligence for common carriers. 3. The valid defenses available for common carriers to limit liability are observance of extraordinary diligence, an unforeseeable event or force majeure, acts of the shipper or goods owner, defects in packaging or containers, and acts of public authorities without negligence by the carrier

Uploaded by

Hiezll Wynn R. Rivera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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1 Common Carrier; Defenses; Limitation of Liability (2001)

Suppose A was riding on an airplane of a common carrier when the accident happened
and A sufered serious injuries. In an action by A against the common carrier, the latter
claimed that 1) there was a stipulation in the ticket issued to A absolutely eempting
the carrier from liability from the passenger!s death or injuries ad notices were posted
by the common carrier dispensing with the etraordinary diligence of the carrier, and
") A was gi#en a discount on his plane fare thereby reducing the liability of the common
carrier with respect to A in particular. a) Are those #alid defenses$ %1&) b) 'hat are the
defenses a#ailable to any common carrier to limit or eempt it from liability$ %(&)
SUGGESTED ANSWE!
a) )o. *hese are not #alid defenses because they are contrary to law as they are in
#iolation of the etraordinary diligence re+uired of common carriers. %Article 1,-,,
1,-. )ew /i#il /ode)
b) *he defenses a#ailable to any common carrier to limit or eempt it from liability are0
1. obser#ance of etraordinary diligence,
". or the proimate cause of the incident is a fortuitous e#ent or force majeure,
1. act or omission of the shipper or owner of the goods,
(. the character of the goods or defects in the packing or in the containers, and
-. order or act of competent public authority, without the common carrier being
guilty of e#en simple negligence %Article 1,1(, )//).

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