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Question
Zest Shipping Co., a common carrier, is contracted to transport 80 crates of fresh fruits from Batangas to Iloilo. In transit, a magnitude 7.8 earthquake causes a landslide on a mountain highway, blocking the route and resulting in a flood that damages the cargo stored in the vehicle behind the blockage. Zest Shipping raises the defense of act of God (vis major). (a) Identify the defense and state the governing rule on defenses available to a common carrier. (b) Apply the defense to the facts and determine whether Zest Shipping is exonerated from liability; discuss any limitations to the defense and whether any other defense could be available. (c) If the earthquake had been forecast and the carrier could have rerouted or reinforced the cargo, would any other defense be available? Explain.