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What is a certificate of public convenience?

An authorization issued for the operation of public services for which no franchise, either municipal or
legislative, is required by law, such as a common carrier.

Do you need a franchise to operate a common carrier?

What is a private carrier?

One which,
Without being engaged in the business of carrying as a public employment
Undertakes to deliver passengers or goods
For compensation
o What is the business?
o What does it prohibit in being engaged in?
o What does it undertake?
o What does he do it for?

How can you make the common carrier liable?

The common carrier is liable for the loss


The common carrier has the duty to observe extraordinary diligence
Over the goods from the time it has been unconditionally placed in their possession
And received by the Carrier of transportation
Until it has been delivered, actually or constructively
To the person who has the right to receive it

In this Case,

The common carrier failed to exercise extraordinary diligence when he


He could have
As it would serve as precautionary measures to prevent the disaster.

What are the Defenses of a Common Carrier of Goods

Force Majeure
Acts of a Public Enemy
Negligence of the Shipper
Defect in the packing or the goods or in its container
Order or act of a public authority

How to make common carrier for passengers liable?


How to defend common carrier for passengers?

How to make private carrier of goods liable?


How to defend private carrier of goods liable?

Can you validly stipulate to decrease the amount of diligence needed?

Codal provisions questions


GENERAL PROVISIONS
1732
Who are common carriers?

1733

Are common carriers bound to observe extraordinary Diligence?


VIGILANCE OVER GOODS

1734

When are common carriers liable to loss or damage of goods?


What are the circumstances when common carriers are not liable for the loss of the goods?

1735

What is the exemption against the preceding article? How would you defend the common
carrier?

1736

When does extraordinary diligence begin? When does it end?

1737

What is stoppage in Transitu?


Are common carriers liable during stoppage in transit?
When is the common carrier exempted from such liability?

1738

If the goods are stored in a warehouse, are the common carriers exempted from liability?
When does the duty to observe extraordinary diligence end?

1739

How can the common carrier be exempted from liability in a natural disaster, how about in the
case of the public enemy?
What must the common carrier do to avail of this exemption?
What about if the case is about the 3 rd .4th or 5th circumstance provided for by article 1734

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