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Showing 1–19 of 19 articles for “carriage”

Breach of Contract of Carriage: When Moral Damages Require Fraud or Bad Faith

Philippine Supreme Court clarifies when injured bus passengers may recover moral damages for breach of contract of carriage—only upon proof of fraud or bad faith.

Breach of Contract of Carriage: When Bad Faith Is Needed for Moral Damages

Supreme Court explains when moral damages are recoverable in breach of contract of carriage cases, requiring bad faith or fraud by the carrier.

When Airlines Can Escape Liability: Bad Faith and Fortuitous Events in Carriage Contracts

The Supreme Court explains when a typhoon-caused flight delay absolves an airline from moral damages claims under Philippine law.

When a Carrier's Delay Is a Fortuitous Event: Moral Damages in Breach of Carriage Contracts

The Supreme Court explains when moral damages are recoverable for breach of contract of carriage and why a typhoon-caused delay absolved Northwest Airlines.

Airline Breach of Contract of Carriage: Nominal Damages for Flight Disruptions

When do flight disruptions give rise to nominal damages? The Supreme Court clarifies airline and travel agent liability for breach of contract of carriage.

Negligence Beyond Contract: Recovering Damages From Third Parties in Philippine Carriage Disputes

Philippine Supreme Court ruling on how passengers can recover damages from third-party tortfeasors in breach of carriage cases.

Accountability in Air Travel When a Lost Document Leads to Stranded Passengers

When an airline loses a required document and strands unaccompanied minors, the Supreme Court says it may be liable for damages for breach of contract of carriage.

Airline Liability for Bumping Passengers: Breach of Contract and Damages

When an airline bumps a passenger with valid documents, it breaches the contract of carriage and may owe moral and exemplary damages.

Common Carrier Liability in the Philippines: Breach of Contract of Carriage Explained

Philippine common carriers face a presumption of negligence when passengers are injured or killed. Learn the rules and how to rebut them.

Victory Liner Liability: Breach of Contract of Carriage and Passenger Safety

Supreme Court ruling on common carrier liability for passenger death, negligence of counsel, and damages in breach of contract of carriage.

Guilty Plea Grave Error Safeguarding Justice In Qualified Rape Cases

The Supreme Court ruled that a guilty plea in qualified rape cases must be meticulously examined to prevent grave miscarriages of justice.

Airline Liability: The Ticket-Issuing Carrier Responsible for Your Entire Journey

Philippine Supreme Court ruling: ticket-issuing airlines are principals in contracts of carriage and liable for the acts of partner carriers on any segment.

Airline Breach of Contract When a Confirmed Flight Turns Into a Legal Dispute

When an airline confirms a booking then cancels it, a contract of carriage arises. Learn the legal rules on damages from China Airlines v. CA.

Airline Passenger Rights: When Rerouting Breaches the Contract of Carriage

Philippine Supreme Court ruling on when airlines breach carriage contracts by rerouting passengers without consent, and what damages apply.

Defining Common Carriers When A Limited Clientele Doesnt Equal Private Carriage

Philippine Supreme Court clarifies that a shipping firm with a limited clientele can still be a common carrier under the Civil Code.

Missed Deadlines and Miscarriage of Justice: Why Timely Case Resolution Matters in Philippine Courts

A judge's missed deadline for deciding a case led to a fine for gross inefficiency. Learn the rules on the 90-day period and why timely justice matters.

Warsaw Convention Jurisdiction in International Air Carriage Disputes in the Philippines

Philippine Supreme Court clarifies when the Warsaw Convention applies to international air carriage and which courts have jurisdiction over baggage loss claims.

PAL v. Court of Appeals: When Off-Loading Baggage Becomes Bad Faith in Air Carriage

Philippine Airlines held liable for moral and exemplary damages after off-loading passengers' baggage in bad faith, despite Warsaw Convention limits.

Breach of Contract of Carriage: A Passenger's Right to Damages

When a shipping line sends out an unseaworthy vessel, it breaches its contract of carriage and may be liable for moral and exemplary damages.