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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

Jade Coast Shipping, a common carrier, is contracted to transport 60 crates of fresh produce from Iloilo to Manila. In transit, an unusually heavy rainfall triggers a landslide along a mountain pass and floods the road, destroying all crates. Jade Coast Shipping raises the defense of act of God (vis major). Weather advisories had warned of potential heavy rain and the carrier had a feasible alternate route that would bypass the pass (adding about 6 hours to the trip); the carrier chose not to reroute. Which statement best states the governing rule on defenses available to a common carrier and the likely outcome under these facts?

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Inherent nature of the goods defense applies if the damage results from the goods' own perishable or fragile nature; here the scenario does not indicate such a defense. The act of God defense does not apply because the carrier could have foreseen the risk from the heavy rainfall and rerouted or taken protective measures; therefore the carrier is liable. No defense exists for common carriers in such circumstances; they are strictly liable for loss or damage to goods in their custody. Act of God (vis major) exonerates the carrier if the loss is caused by a natural calamity beyond the carrier's control and the carrier had no feasible means of avoiding it, regardless of warnings or available routes.

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