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0 tracked cards Commercial and Taxation Laws
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An urban ferry operator, a common carrier, runs a regular passenger service between Port Aurora and Port Bay. During a routine docking maneuver, the vessel's docking system experiences a failure in its hydraulic control, injuring a passenger who is disembarking. An investigation traces the defect to a hydraulic pump supplied by a subcontractor and installed during a prior overhaul. The maintenance team had warned that the docking system should be replaced but the company postponed due to budget constraints. The operator contends it is not liable because the defect originated in a third-party component and was beyond its control. (a) Identify the doctrine governing the carrier's duty toward passengers and the standard of care. (b) State who bears the burden of proof and what defenses are available to the carrier. (c) Apply to the facts: is the operator liable for damages? Explain briefly.

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Clara

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