Pointers for Final Exam – Transportation

I. Concepts

 Doctrine of limited liability – when applicable and when inapplicable?

 Applicability of the Civil Code
 Maritime Protest – when applicable?
 Application of limited liability rule to charterer

II. Vessels

 Minor craft
 Requirement of protest

III. Ship Mortgage

 Preferred mortgage
 Preferred maritime lien
 Prescriptive period
 Maritime liens
 Persons authorized to procure necessaries
 Personal action against debtor

IV. Persons who take part

 Ship agent – what if the obligation of a person is limited to informing the

consignee on the arrival of goods?
 Tramp service
 Triple roles of captain
 Discretion of captain
 “master pro hac vice”
 Role of captain v. role of maritime pilot

V. Charter Parties

 Slot charter party and its effect on diligence of common carrier

 Effect of charter party on carrier
 Liability of charterer under a contract of affreightment
 “owner pro hac vice”

VI. Loans on bottomry and respondentia

 Characteristics of bottomry and respondentia

VII. Averages

 What are averages?

 Pilotage
 Ordinary expenses v. extraordinary expenses
 General averages
 Effect of presence of negligence – does the law on averages apply?
 Expenses to refloat a vessel

VIII. Collisions

 Doctrine of error in extremis

 Zones in collision

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  Liability rules
 Is a charterer liable under maritime law?
 “owner pro hac vice”
 Maritime protest – when not required?
 Doctrine of inscrutable fault
 Rule 18 of International Rules of the Road

IX. Arrival under stress (AUS) and shipwrecks

 Legitimate AUS - grounds

 Liability of shipowner

X. Salvage

 Right to salvage reward

 Who are not entitled to reward
 Towage v. salvage

XI. COGSA

 When applicable?
 To what contract does COGSA apply?
 Meaning of foreign trade
 Who are the parties in COGSA?
 Goods are damaged during unloading – Phils. First Insurance v Wallem
 Delivery to arrastre operator for purposes of Section 3 (6); Asian
Terminals v. Philam Insurance
 Notice of claim – what is the requirement?
 Package Liability Limitation (Philam Insurance v. Heung-a); steel drum
and pallet as units
 Prescription – where to reckon? Effect of transshipment? What if there is a
letter of credit? Is a stipulated shorter prescriptive period allowed?
 Suspension of prescriptive period by parties
 Meaning of delivery under Section 3 (6) on prescription (Mitsui v. CA and
Liao v. APL)
 Invocation by arrastre operator of prescription

XII. Public utilities

 What is a public utility? Public service?

 What is a franchise? CPC? CPCN?
 Rules to be applied by the regulatory agencies aside from public interest
 Regulatory agencies and their functions: land (LTO and LTFRB); water
(MARINA and PCG); air (CAB and CAAP)
 Rate-fixing – as part of regulation
 Loque v. Villegas
 KMU Labor Center v. Garcia, Jr.
 MCWD v. Adala