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Question
Facts: OceanBridge Logistics, a common carrier, is contracted to transport 40 crates of fresh strawberries from Surigao to Cebu. In transit, the fruit spoils entirely despite the carrier’s proper loading, packaging, and maintenance of refrigeration, due to the inherent perishability of the goods (inherent vice). OceanBridge raises the defense of inherent vice. (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 OceanBridge is exonerated from liability; discuss any limitations to the defense and whether any other defense could be available. (c) If the shipper knew of the perishability and still insisted on shipping, would any other defense be available? Explain.