TRANSPORTATION LAW

Multiple Choice Questions

1. What degree of diligence is required of common carriers in the vigilance over the goods and for the safety of the passengers transported by them based on the nature of their business and for reasons of public policy? a) Common carriers are bound to observe ordinary diligence specifically the diligence of a good father of the family. b) Common carriers are not bound to observe extraordinary diligence according to all the circumstances of each case. c) Common carriers are not bound to observe any degree of diligence based on existing jurisprudence and generally accepted principles of international law. d) Common carriers are not bound to observe any degree of diligence as provided by the New Civil Code. 2. Which of the following exempts a common carrier from responsibility for the loss, destruction, or deterioration of the goods? a) Act or omission of the ship owner or ship agent. b) Flood, earthquake, lightning, or other natural disaster or calamity. c) Order or act of the ship captain to its crew. d) Shipper observed proper packing of the goods. 3. Common carriers are presumed to be at fault or to have acted negligently if the goods are lost, destroyed or deteriorated, unless: a) Common carriers could prove that it had exercised ordinary diligence required by law. b) Common carriers could prove that it had observed extraordinary diligence in the vigilance over the goods. c) Common carriers could show proof that it acted in good faith in the safe transportation of the goods. d) Common carriers could prove that it had clear records as reliable and safe carriers in the maritime business. 4. What is the period of time within which the common carrier should observe extraordinary diligence in transporting the goods? a) Common carriers should observe extraordinary diligence from the time they received the goods until the actual or constructive delivery of the goods to the consignee, or the person who has a right to receive them. b) Common carriers should observe extraordinary diligence in the port of departure until its arrival at the port of destination. c) Common carriers should observe extraordinary diligence from the time the goods are packed in the shippers residence until the actual or constructive delivery if the goods to the consignee. d) Common carriers observe extraordinary diligence over the goods from the time the order of the ship captain is issued to its crew. 5. Are the goods transported by the common carrier should be actually or constructively delivered to the consignee only who is entitled to receive the said goods? a) Yes, the goods should only be actually or constructively delivered to the consignee unless another person is entitled to receive the said goods. b) No, the goods could be delivered to a warehouse at the discretion of the common carrier when circumstances so warrant. c) Yes, the goods should only be actually or constructively delivered to the consignee in all cases d) No, the goods could be delivered to any personnel of the port as evidenced by a receipt of the goods. 6. The unpaid seller when he has parted with the goods and the buyer becomes insolvent stops the goods in transit is known as the exercise of: a) The right of stoppage in transitu c) The right of ownership b) The right of possession d) The constitutional right to property 7. What is the effect of the exercise of the right of stoppage in transitu? a) It is no longer incumbent upon the common carrier to observe extraordinary diligence but diligence of a good og a family in holding the goods. b) Common carrier is still obliged to observe extraordinary diligence in the vigilance over the goods even when they are temporarily unloaded or stored in transit. c) The common carriers responsibility in the vigilance over the goods is extinguished as a result of the exercise of the right of stoppagein transitu. d) The exercise of the right of stoppage in transitu extinguishes all liabilities of the common carrier in case of loss, damage, or deteriorationof the goods. 8. Which of the following instances requires the continuance of the common carriers duty to observe extraordinary diligence in the vigilance over the goods? a) The goods are temporarily unloaded or stored in transit. b) The goods are actually and constructively delivered to the consignee or to the person entitled to receive. c) The goods are packed on the residence of the shipper or owner. d) The goods are jettisoned to save the ship from sinking. 9. What is the liability of the common carrier when the goods have been stored in a warehouse of the carrier at the place of destination? a) Its extraordinary liability is extinguished from the moment the goods are safely secured in the warehouse of the carrier. b) Its ordinary liability operates even when the goods have been stored in the carriers warehouse until they are removed or disposed of by the consignee. c) Its extraordinary liability continues from the time goods are stored in the warehouse until the consignee has been advised on the arrival of the goods and has had reasonable opportunity to remove them. d) Its ordinary liability is suspended while the goods are inside the common carriers warehouse as they are safely secured b y the guards of the premises. 10. When is a common carrier exempted from responsibility over the goods arising from the natural disaster? a) If the natural disaster is one of the causes of the loss of the cargo and action was taken before, during and after the natural disaster to save the cargo.

b) The natural disaster is not the proximate cause but it caused slight to moderate damage to the goods transported by the common carrier. c) If the natural disaster is the proximate and only cause of the loss and action was taken before, during and after the natural disaster to prevent or minimize loss. d) The natural disaster and contributory negligence of the ship captain resulted in the loss, damage, and deterioration to the goods. 11. An agreement limiting the common carriers liability for delay is valid, provided it is as account of? a) The goods are transported at the risk of the owner or shipper b) Common carrier need not observe any diligence in the custody of the goods c) Strike or riots d) Common carrier shall exercise a degree of diligence less than that of a good father of a family 12. A stipulation that the common carriers liability is limited to value of the goods appearing in the Bill of Lading is bin ding provided: a) The shipper or owner did not declare a greater value c) It is not against good custom b) It is not contrary to public policy d) It is allowed by COGSA 13. A contract fixing the sum that may be recovered by the owner or shipper for the loss, destruction, or deterioration of the goods, is valid, if? a) It is not against the public policy b) If there is stipulation c) It is reasonable and just under the circumstances, and has been fairly and freely agreed upon d) It is not contrary to law 14. What law that should govern the liability of the common carrier for their loss, destruction or deterioration, to which the goods are to be transported? a) Civil Code b) Law of the country c) COGSA d) Salvage Law 15. Is common carrier disputably presumed to have been negligent in case of their loss, destruction or deterioration? a) Yes, even when there is an agreement limiting the liability of the common carrier in the vigilance over the goods b) No, because it is beyond control of the common carrier c) Yes, because they are common carrier d) No, because it is on account of force majeure 16. Under the contract of carriage, the common carrier is liable to the passengers baggage, which is in his personal custody? a) No, because the common carrier is only liable when the passengers baggage is not in his personal custody b) Yes, because common carrier is presumed negligent c) No, because it is against public policy d) Yes, because it is their obligation under the law 17. What degree of diligence is required to be observed by a common carrier for the baggage of a passenger is said passengers custody? a) Extraordinary diligence b) Ordinary diligence c) Diligence of a prudent man d) No diligence at all 18. When may not the carrier avail itself of the stipulations limiting his liability assuming it to be valid? a) When the common carrier is on time in transporting the goods b) When the common carrier delays the transportation of the goods c) When the common carrier does not change the stipulated or usual route d) When there is stipulation 19. What is the presumption in case of loss of baggage or effects of a passenger? a) The carrier is presumed to be at fault b) The carrier is not presumed to be at fault c) The carrier is absolve from liability d) The carrier is not guilty 20. What is the degree of diligence required of a common carrier for the baggage of a passenger not in the custody of the passenger but placed in the custody of the common carrier? a) Ordinary diligence b) Extraordinary diligence c) Less ordinary diligence d) No diligence at all