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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

Sunrise Freight Co., a common carrier, is contracted to transport 75 crates of fresh peaches from Cagayan de Oro to Manila. In transit, the fruit spoils despite proper cold storage and handling; tests indicate the spoilage is due to the inherent ripening tendency of the fruit (inherent vice). Sunrise Freight raises the defense of inherent vice. 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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Fault or neglect of the shipper – the carrier is not liable if the loss was caused by the shipper's fault in packaging or instructions. Inherent vice of the goods – the carrier is exonerated from liability if the loss results from the intrinsic nature of the goods, even if ordinary care is used; the defense applies here. No defense applies; the carrier is absolutely liable for any loss or damage in transit. Public enemy – the carrier is exonerated if the loss was caused by actions of an enemy during transit.

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