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Showing 1–24 of 30 articles for “carrier liability”

Subrogation and Carrier Liability in Maritime Claims: The C.V. Gaspar Case

How the Supreme Court applied subrogation and extraordinary diligence to hold carriers liable for damaged cargo in maritime transport.

Extraordinary Diligence: Carrier Liability for Misdelivered Goods

When a courier delivers to the wrong person, the shipment is legally "lost." The Supreme Court explains carrier liability and the limits of air waybill exemptions.

Bill of Lading and Carrier Liability: When Delivery Without Surrender Is Allowed

Philippine Supreme Court clarifies when a carrier may release goods without the original bill of lading, and why the seller's unpaid claim lies against the buyer, not the carrier.

Carrier Liability for Cargo Damage During Unloading: The Wallem Doctrine

When is a shipping carrier liable for cargo damaged during unloading? The Supreme Court clarifies the rule on carrier responsibility and arrastre operator liability.

The 24-Hour Rule in Cargo Claims: Carrier Liability Under Philippine Shipping Law

Philippine Supreme Court clarifies the 24-hour claim rule under the Code of Commerce for damaged cargo and its effect on carrier liability.

Subrogation Rights of Insurers: Recourse Against Negligent Carriers for Damaged Goods

When can an insurer sue a negligent carrier after paying a claim? The Supreme Court clarifies subrogation rights and carrier liability.

Carrier Liability in Voyage Charters: Who Is Responsible When the Ship Isn't Yours

A common carrier cannot escape liability for lost cargo by claiming it did not own the vessel used. Philippine Supreme Court ruling explained.

Delsan Transport v. American Home Assurance: Common Carrier Liability and Delivery of Goods

Explaining Delsan Transport v. American Home Assurance on common carrier extraordinary diligence, delivery of goods, and liability for spillage.

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.

Passport Loss Liability: Negligence and Damages in LBC Express v. Ado

Philippine Supreme Court ruling on carrier liability for lost passport, damages rules, and proof requirements in LBC Express v. Ado.

Timely Notice IS KEY Understanding Carrier Liability IN Damaged Goods Claims Under THE Code OF Commerce

When cargo arrives damaged, the clock starts ticking. Learn how Article 366 of the Code of Commerce can bar a claim entirely if notice is late.

Carrier Negligence and the Timely Notice Rule for Damaged Cargo in the Philippines

Learn how the Supreme Court ruled on carrier liability for damaged goods and why timely notice under Article 366 of the Code of Commerce is crucial.

Common Carrier Liability: Negligence and Fortuitous Events in Cargo Loss

When cargo is lost at sea, who pays? Philippine law on common carriers, negligence, and the act of God defense explained.

Carrier Liability for Passenger Safety: Extraordinary Diligence in Public Transportation

Philippine Supreme Court clarifies common carrier liability, extraordinary diligence, and delivery standards in breach of contract cases.

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.

Carrier's Improper Stowage Overrides Fortuitous Event Defense in Cargo Loss Case

Philippine Supreme Court ruling on carrier liability when improper stowage, not weather, causes cargo loss at sea.

Negligence in Highway Collisions: Bus Operator, Truck Owner, and Insurer Liabilities

Philippine Supreme Court ruling on negligence in a bus-truck collision, covering common carrier liability, truck owner responsibility, and insurer obligations.

Enforcing Time Limits: Carrier Liability Hinges on Timely Notice of Cargo Damage

Timely written notice of cargo damage is a condition precedent to suing a carrier. The Supreme Court explains why in Federal Express v. American Home Assurance.

Subrogation and a Foreign Insurer's Capacity to Sue in Philippine Courts

Explaining when a foreign insurer can sue in Philippine courts as a subrogee, and carrier liability for damaged cargo.

Carrier Liability for Cargo Damage: The Duty of Extraordinary Diligence Under Philippine Law

Philippine Supreme Court ruling on common carrier liability for cargo damage, extraordinary diligence, and the limits of actual damages claims.

Bill of Lading Value Limits Carrier Liability for Lost Cargo

Philippine Supreme Court ruling on how bill of lading value declarations cap a common carrier's liability for lost goods, even when insurance paid more.

Common Carrier Liability for Cargo Damage: Proving Negligence and Claims

Learn how Philippine law presumes common carriers negligent for cargo damage, and how to prove or rebut claims.

Fortuitous Events and Carrier Liability: Navigating the Perils of the Sea

When a vessel sinks in a storm, is the carrier liable? The Supreme Court explains the rules on fortuitous events.

Upholding Attorney Accountability A Lawyers Duty TO Clients Despite FEE Disputes

Philippine Supreme Court ruling on lawyer's duty to clients despite fee disputes, jurisdictional rules, and carrier liability for passenger safety.