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Question
MetroMove Logistics, a common carrier, contracts to transport 50 pallets of frozen fish from Davao to Zamboanga. During transit a severe flood overtakes the route; the cargo hold is flooded and all pallets are ruined. MetroMove 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 MetroMove is exonerated from liability; discuss any limitations to the defense. (c)If the flood were anticipated and MetroMove could have protected the cargo with better sealing, would any other defense be available? Explain.