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Pointers in Transportation Law Final Exam

This document provides an outline of key concepts and topics to study for a final exam on transportation law. It covers 12 major sections: 1) general concepts in transportation law, 2) vessels, 3) ship mortgages, 4) persons involved in transportation, 5) charter parties, 6) loans on ships, 7) averages, 8) collisions, 9) ship arrivals in distress and shipwrecks, 10) salvage, 11) the Carriage of Goods by Sea Act, and 12) public utilities and the agencies that regulate them. The outline lists numerous sub-topics within each major section to review in preparation for questions that may appear on the exam.

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Gillian Alexis Colegado
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111 views2 pages

Pointers in Transportation Law Final Exam

This document provides an outline of key concepts and topics to study for a final exam on transportation law. It covers 12 major sections: 1) general concepts in transportation law, 2) vessels, 3) ship mortgages, 4) persons involved in transportation, 5) charter parties, 6) loans on ships, 7) averages, 8) collisions, 9) ship arrivals in distress and shipwrecks, 10) salvage, 11) the Carriage of Goods by Sea Act, and 12) public utilities and the agencies that regulate them. The outline lists numerous sub-topics within each major section to review in preparation for questions that may appear on the exam.

Uploaded by

Gillian Alexis Colegado
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 DOCX, PDF, TXT or read online on Scribd
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Pointers for Final Exam – Transportation

I. Concepts

 Doctrine of limited liability – when applicable and when inapplicable?


(include Phil.-Nippon Kyoei Corp v Gudelosao)
 Applicability of the Civil Code
 Maritime Protest – when applicable?
 Application of limited liability rule to charterer

II. Vessels

 Minor craft
 Requirement of protest

III. Ship Mortgage

 Preferred mortgage
 Preferred maritime lien
 Prescriptive period
 What are maritime liens?
 Persons authorized to procure necessaries
 Personal action against debtor

IV. Persons who take part

 Ship agent – what if the obligation of a person is limited to informing the


consignee on the arrival of goods? Agent of owner/charterer/shipper
 Tramp service
 Triple roles of captain
 Discretion of captain
 “master pro hac vice”
 Role of captain v. role of maritime pilot

V. Charter Parties

 Slot charter party and its effect on diligence of common carrier


 Effect of charter party on carrier (include Federal Phoenix Assurance Co v
Fortune Sea)
 Liability of charterer under a contract of affreightment
 “owner pro hac vice”

VI. Loans on bottomry and respondentia

 Characteristics of bottomry and respondentia

VII. Averages

 What are averages?


 Pilotage
 Ordinary expenses v. extraordinary expenses
 General averages
 Effect of presence of negligence – does the law on averages apply?
 Expenses to refloat a vessel

VIII. Collisions

1
 Doctrine of error in extremis
 Zones in collision
 Liability rules
 Is a charterer liable under maritime law?
 “owner pro hac vice”
 Maritime protest – when not required?
 Doctrine of inscrutable fault
 Rule 18 of International Rules of the Road

IX. Arrival under stress (AUS) and shipwrecks

 Legitimate AUS - grounds


 Liability of shipowner

X. Salvage

 Right to salvage reward


 Who are not entitled to reward
 Towage v. salvage

XI. COGSA

 When applicable and inapplicable?


 To what contract does COGSA apply?
 Meaning of foreign trade
 Who are the parties in COGSA?
 Goods are damaged during unloading – Phils. First Insurance v Wallem
 Delivery to arrastre operator for purposes of Section 3 (6); Asian
Terminals v. Philam Insurance
 Notice of claim – what is the requirement?
 Package Liability Limitation (Philam Insurance v. Heung-a); steel drum
and pallet as units
 Prescription – where to reckon? Effect of transshipment? What if there is a
letter of credit? Is a stipulated shorter prescriptive period allowed?
 Suspension of prescriptive period by parties
 Meaning of delivery under Section 3 (6) on prescription (Mitsui v. CA and
Liao v. APL)
 Invocation by arrastre operator of prescription

XII. Public utilities

 What is a public utility? Public service?


 What is a franchise? CPC? CPCN?
 Rules to be applied by the regulatory agencies aside from public interest
 Regulatory agencies and their functions: land (LTO and LTFRB); water
(MARINA and PCG); air (CAB and CAAP)
 Rate-fixing – as part of regulation
 Loque v. Villegas
 KMU Labor Center v. Garcia, Jr.
 MCWD v. Adala

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