TRANSPORTATION COMMON CARRIERS Civil Code Provisions , Dean JS Bisquera BAR Review MERCANTILE Law

Dean JS Bisquera presents the three (3) Major Groups of Civil Code Provisions covering Common Carriers - the Concept of Common Carrier, Passenger's Safety and Carrier's mandated Vigilance over the Goods Transported. The General Concepts defines a Common Carrier as transporting passengers & goods for compensation as a business. He emphasizes EXTRAORDINARY DILIGENCE as a major component of a Common Carrier's commitment. Death or Injury to a Passenger calls for Damages for breach of contract of Carriage.
On the focus about the Carrier's Need to ensure the Passenger's Safety, attention is emphasized on the need for Extraordinary Diligence where a Passenger's Death or Injury brings about a presumption of fault of negligence on the Common Carrier, including those caused by the Carrier employee's Negligence or Wilfull Acts including those acts by Other Passengers or Strangers. Posted Notices, Stipulations and statements on Tickets cannot dispense with the Carrier's Negligence of the Passenger's Death or Injury. FREE Ride or Discounted Fare continue to make the carrier liable for willful acts or gross negligence. Passenger shall take care of themselves with the diligence of a good father but any passenger's contributory negligence cannot prevent the common carrier from being liable when the Death's Proximate Cause is the negligence of the Common Carrier.
More interesting provisions exist to demand that the Carrier exercises vigilance over the goods with Extraordinary Diligence, providing 5 Exceptions (FAACO) notably Fortuitious Events - FLEDS - Flood, Lightning, Earthquake, Storm and Other Natural Disaster. But DELAY can continue to make a Common Carrier liable even when there is Natural Disaster when the Carrier's Negligence is the proximate and only cause of the Loss.