Flashcards Studio

(a) Identify the central doctrine governing the diligence owed by common carriers and the conditions under which the carrier may be exonerated.
(b) Apply to the facts: The shipper, Datu Roasters Co., a common carrier accepts a crate of premium coffee beans valued at PHP 4,000,000 from Manila to Dapitan City. The crate is properly packed by GreenGuard Packaging. During transit, a severe storm causes a cargo hatch to rupture and flood the hold, damaging the beans. Post-delivery inspection reveals the hatch defect was pre-existing and should have been detected during routine maintenance checks. The shipper contends the loss resulted from an Act of God and that the carrier exercised extraordinary diligence in handling the shipment. The carrier, Apex Logistics, contends the loss is due to an Act of God and that it is exonerated.
(c) If liability attaches, specify the damages the shipper may recover and any defenses the carrier might raise.