TRANSPORTATION LAW SY 2010-2011

QUESTIONS FOR ORAL EXAMINATIONS

Prepared by Prof. Ma. Clara C. de Castro
1. What is a public utility and why is it impressed with public interest?
2. What is a contract of transportation?
3. Who are the parties to a contract of transportation?
4. What are the types of a contract of transportation in terms of perfection?
5. When is a contract to carry perfected for passenger? Is there a contract to carry for
cargo?
6. When is a contract of carriage perfected for cargo? ow about for passenger?
!. What is the de"nition of a common carrier under #rt. 1!32 of the $%%?
&. What were the conclusions arri'ed at by the (upreme %ourt in )e *u+man '. %# in
relation to the characteristics of a common carrier?
,. )istinguish a common carrier from a pri'ate carrier.
1-. What is a charter party? What are the .inds of charter parties? What is the legal
conse/uence of a charter party?
11. What are the go'erning laws for common carriers?
12. What are the obligations of a common carrier?
13. What is e0traordinary diligence?
14. When does the obligation to e0ercise e0traordinary diligence attach and for how long
does it remain in full force?
15. Is a common carrier liable for delay?
16. What is the legal basis for the presumption of negligence against a common carrier?
What is the e1ect of such presumption?
1!. What are the defenses a'ailable to a common carrier in case of loss2 destruction2 or
deterioration of the goods as pro'ided in #rt. 1!34 of the $%%?
1&. What are the re/uirements under the law for a common carrier to be e0empt from
liability for the loss2 destruction2 or deterioration of the goods as a result of 3ood2
storm2 earth/ua.e2 lightning2 or other natural disaster or calamity?
1,. What are the re/uirements under the law for a common carrier to be e0empt from
liability for the loss2 destruction2 or deterioration of the goods resulting from an act of
the public enemy in war?
2-. What are the re/uirements under the law for a common carrier to be e0empt from
liability for the loss2 destruction2 or deterioration of the goods as a result of the act or
omission of the shipper or owner of the goods?
21. What are the re/uirements under the law for a common carrier to be e0empt from
liability for the loss2 destruction2 or deterioration of the goods as a result of the
character of the goods or defects in the pac.ing or in the containers?
22. What are the re/uirements under the law for a common carrier to be e0empt from
liability for the loss2 destruction2 or deterioration of the goods resulting from an order
or act of competent public authority?
23. #part from those enumerated under #rt. 1!342 are there any other defenses a'ailable
to a common carrier?
24. What is the legal conse/uence of shipper4s e0ercise of its right of stoppage in transit?
25. What is constructi'e receipt of the goods?
26. What are the legal conse/uences of delay in the deli'ery of goods as prescribed
under the $%%? ow about under other special laws?
2!. What are the re/uirements for a 'alid stipulation limiting the liability of the common
carrier for the loss2 destruction2 or deterioration of the goods to a degree less than
e0traordinary diligence?
2&. What are considered unreasonable2 un5ust and contrary to public policy stipulations
as prescribed under #rt. 1!45 of the $%%?
2,. What are the re/uirements for a 'alid stipulation "0ing the sum that may be
reco'ered by the owner or shipper for the loss2 destruction2 or deterioration of the
goods?
3-. Is a stipulation in a tic.et limiting the responsibility of a common carrier to that of a
good father of family 'alid? What is the legal basis?
31. What is the legal conse/uence of carrying a passenger gratuitously or on a reduced
fare on the responsibility of a common carrier for e0traordinary diligence?
32. What is the e0tent of the liability of common carriers for the acts of its own
employees2 for passengers or third parties?
33. What is the responsibility of common carriers for a hand carried luggage?
34. What forms of damages may a shipper or passenger reco'er from a common carrier?
35. What are obligations of a shipper? ow about a passenger? #nd what is the legal
conse/uence of negligence that may ha'e been committed by the shipper or
passenger?
36. What is a bill of lading? What is an airway bill? What is a tic.et?
3!. What is the three6fold nature of a bill of lading? %an the same be said of an airway
bill and a tic.et?
3&. What is meant by a contract of adhesion? Is it 'alid? ow is it to be construed?
3,. 7nder rele'ant pro'isions of the %%2 what are the basic stipulations that must be
found in a bill of lading?
4-. 7nder rele'ant pro'isions of the Warsaw %on'ention2 what are the basic stipulations
that must be found in an airway bill? ow about a passenger tic.et?
41. What are the periods prescribed under the law for the "ling of a $otice of %laim?
What is the e1ect of a failure to "le a $otice of %laim?
42. What are the prescripti'e periods for the "ling of a ci'il suit for reco'ery of damages
against common carriers?
43. What is maritime law?
44. What is meant by the hypothecary nature of maritime law? What is wisdom behind
the same?
45. What are the legal bases for the hypothecary nature of maritime law?
46. In the e'ent of partial loss only of a 'essel2 may the hypothecary nature of maritime
still apply?
4!. What are the e0ceptions to the limited liability rule in maritime law?
4&. What is an indispensable re/uirement before a ship owner can a'ail of the bene"ts of
the limited liability principle?
4,. What is the concept of a 'essel under maritime law? Is it real or personal property?
5-. Who are the persons who ta.e part in maritime law?
51. What are the powers and functions of a ship captain?
52. Who is a supercargo? What are the functions of a supercargo?
53. What is pilotage?
54. What is demurrage?
55. What is meant by seaworthiness of a 'essel? Who has responsibility to ensure
seaworthiness?
56. What is a loan on bottomry?
5!. What is respondentia?
5&. What is an a'erage? What are the .inds of a'erages?
5,. 7nder rele'ant pro'isions of the %%2 gi'e e0amples of simple a'erages and who will
be liable for the same?
6-. Who will be liable for a general a'erage? What are the re/uisites for a general
a'erage?
61. What is the concept of 5ettison?
62. 7nder rele'ant pro'isions of the %%2 what is the procedure re/uired for 5ettison of
goods?
63. What is the concept of collision under maritime law? What are the three +ones of
collision in maritime law? 7nder rele'ant pro'isions of the %%2 what are the rules
go'erning liability in collision?
64. What is arri'al under stress? 7nder rele'ant pro'isions of the %%2 what are the steps
to be underta.en in the e'ent of arri'al under stress? 7nder rele'ant pro'isions of
the %%2 who shall bear the loss in the e'ent of arri'al under stress?
65. What is shipwrec.? 7nder rele'ant pro'isions of the %%2 who shall bear the loss in
the e'ent of shipwrec.?
66. What is the concept of sal'age under maritime law? 7nder the rele'ant pro'isions of
the (al'age 8aw2 what are the rights and obligations of the sal'ors and owners?
6!. When is the %9*(# applicable?
6&. When is the Warsaw %on'ention applicable?