trans notes.doc

8/14/2019 trans notes.doc

1/21

*Jon Jamora (transpo notes)*

Transportation

(Crisostomo v CA)

Contract of carriage/Transportation- persons/ assoc of persons obligate

themselves to transport

persons/things/news from one place to

another at a fixed price

- common carrier 173

Kinds of Transportation

Parties to a Contract of Trans

1! Carriage of passengers- common carrier

- passenger" one who travels in a p#blic

conve$ance b$ virt#e of contract% &/'%

w/ pa$ement of fare to the carrier

! Carriage of oods

- carrier

- shipper" person deliv goods to carrier

for trans" pa$s consideration

- consignee" to whom goods delivered"

can be the shipper at some

instances/can be a 3rdperson not part

of contract

Conductor

- one who binds himself to transport

persons/things/news" engaged in the

b#siness of carr$ing goods for hire

Carriers (in general" rvate/Common)

persons or corps who transport goods%grat#ito#sl$ or for hire" can either be common

or private carriers

Freight

- compensation paid to the carrier for

transporting goods

- goods trans b$ b$ */+/A

Governing Laws

,verland Transportation- CivCode 173 - 17..

- Code of Commerce" 30-7

Coastwise 2hipping

- Civ Code

- Code of Com

Cos foreign - hil ports

- Civ Code

- Code of Comm

- Co2A

- 2alvage *aw

Co2 hil - oreign orts

- 173

Air Transportation

- Civ Code- Code of Comm

- 'nternational Carr" +arsaw

Alitalia v 'AC

- 4 assoc prof" spea5er in 46

sponsored meeting" sci papers in

l#ggage" arrival" l#ggage dela$ed" did

not partici in conference

- Alitalias defense" liable onl$ for the

en#meration in +arsaw

- +arsaw" application" not an excl#sive

en#meration of airlines liabilit$ (or

even a limit to the extent of the

liabilit$)" 8oes not excl#de liabilit$ for

other breaches of contract

- 'f there is 9/wilf#ll miscond#ct"

carrier cant avail of +arsaws

limitation

Common Carriers & Private Carriers

Common Carriers

- 1732

- P!

173

- CCs are /C/ or As

- &ngaged in the b#siness of trans or

s or both

- 9$ */+ or A

- or compensation% offering theirservices to the p#blic


2/21


3/21


4/21

Prima facie case against carrier" ,urden of

proof

Fncha#sti v 8exter

- gov via p#rchasing agent" mineral oil"carrier Fncha#sti" arrived w/ one case

missing per shipment

- (loss thr# ca#ses #n5nown" carrier

m#st prove that it was thr# accident or

some other circ#mstance)

- no explanation G cc liable

- rcpt in good order- arrival in bad

order H prima facie case

;irasol v 8ollar

- boo5s" shipped" arrival in bad order"9o* not liable for ; perils of the sea

- admitted that goods were damaged in

its possession" 9o on (8) to prove

that it was ca#sed b$ some fact that

exempts it from liabilit$

- rcvd in good condidtion" admitted

goods dmgd" how it was damaged and

when" matter w/ in carriers 5nowledge"

#nreasonable to ma5e owner prove it

- boxes damaged" b#rden of proof on

carrier" in better position to 5now since

in his cont/possession

173* -1." /at 0isaster" 173 F

Asia *ighterage v CA

- T$phoon" h#man intervention"

negligence

- Failed to exercise exod

- even before towing bits broke, it

sustained holes in docking- patched only w/ clay

- despite K of Typhoon, proceeded to

consignees wharf

- typhoon not proximate cause

Tanchiong v 'ncha#sti

- shipment of gen merchandise" agreed

to a transshipment" lorcha" strong

winds" driven ashore" goods scattered"

gathered" sold A"

- the !" is not liable as it was not

negligent and the cause of the loss was

entirely due to a fortuitous event

- there was no notice of the storm that

was to come in the port of #ubat

- the loss and damage was due to thewreck and heavy storm

- !" had a natural interest in

preserving the lorcha for it had its

own goods on it$ The !"s agents and

the patron master of the lorcha" did

the measures necessary to save the

lorcha clearing the boat of gear

resisting the wind; procuring an extra

anchor"

- !"s agent took all measures to

salvage the goods w/ knowledge of theshipper

- the lorcha had no means of changing

anchorage$ %herever it went it would

be exposed to the waves of the

hurricane$

- no liabilit$ when loss d#e to & D

carrier not negligent

- t$phoon (&)% m#st be onl$ and proxi

ca#se

- &" exercise of exod" before d#ring

and after

- After incident" after wrec5% agent too5

meas#res to salvage goods w/ * of

shipper" s#bse@#entl$ sold to the adv

of shipper

- 8#e diligence in event of &" before

d#ring and after of nat# disaster

lorcha H no motor" via sail/wind

moreland (dissenting)

lorcha wo#ld obvio#sl$ lead to the loss

;artini v ;acondra$

- chemical prod#cts" shipment" damaged

d#e to seawater" carriage on dec5

- letter of g#arant$" gave carrier choice

of carriage on dec5 or #nder dec5" no

space #nder dec5

- goods on dec5 D consent of the

shipper" bears ris5 of loss- shifting b#rden of proof


5/21

- still liable if in?# might have been

avoided

shifting b#rdens

- initial b#rden H prove contract (breach)

then carrier m#st prove exercise of exod" ifs#ccessf#l % in case of exempted ca#ses - d#e

diligence - not liab

&astern 2hipping *ines v 'AC

- pipes/fabrics/s#rve$ing instr#s" fire"

total loss

- ire (not nat disaster)" &" h#man

means" carrier did not prove diligence-

liable

- fire not of exempting ca#ses" fire#s#all$ man made

- cogsa" s#ppletor$ to civ% s#pples code%

limiting in absence of declaring a

higher val#e

- law (civ code/cogsa/warsaw) a#to

incorpo in cont of carriage

9ascos/&astern shipping v 'AC

- b#rden of proof

- for pres#mption of negli to arise" in?#

or death/loss (evi) m#st be given

- #ltimate facts

- loss/in?#r$ - expenses

- relief (damages)" civ/crim" instances

when cv cr can be sim#ltaneo#s

- prove contr of carriage D evidence

- in?# - hospi records med rcpts

- goods - doc#

- (simpl$) contract D breach/damage

Compania ;aritima v 'ns#rance Co!

- hemp" transshipment" oral contract"

barge" rcvd in behalf" san5"

recondition"

- &" CA9" storm" no storm reall$"

carrier negli" had crac5s

117*" F'" of fact

(ositive evi needed" to prove exercise ofexod)

- Art! 117E provides that no person shall be

responsible for those events which co#ld

not be foreseen or which tho#gh foreseen

were inevitable

*ea ;er v ;ala$an

- &" I of fact" contract of affreightment

- () manned and controlled barge/

- bo#nd to exercise exod" t$phoon was

far from palawan

- did not show that it was free from

fa#lt" wtiness co#ld not remember if

an$thing was done to minimi=e loss

- 6ot seaworth$" & not sole ca#se" no

personal inspection" had holes

- not eno#gh to prove that it wasseaworth$ at the time of vo$age

(seaworthiness m#st be at time of

vo$age)

173* -*." char of goods" 17*2" Code of Comm

3%13%2

ov v Fncha#sti

- brittle tiles" damage

- character of goods" if proved" not

liable for exercising diligence in

handling s#ch

- (8) proved fa#lt$ nat#re" proved it

wasnt negli" loaded/discharged

diligentl$

- conditions of 9o*" stamped" binding"

stamped before shipment" deemed to

have assented

2o#thern *ines v CA

- sac5s of rice" shortage

- *iabilit$ for loss (shortage)" carrier

had < of improper pac5ing" still

accept" not exempted from liabilit$

- 2* Admitted" strings bro5en" bags

with holes and spilled

- personnel collected and distrib#ted .

sac5s among themselves

173* -." orderact of competent Pu, !uth

an=on v CA


6/21

- 2craps" captain rcv" ma$or sha5edown"

fired at owner" later acting ma$or D 3

police" order to d#mp scraps

- order of p#blic a#thorit$" m#st

establish a#thorit$" if not liable" acting

ma$or (not competent)- &rder of '(; failed to estab mayors

autho; scrap did not belong to

mariveles; order of acting mayor not

comepetent pub authority; not duty

bound to obey dumping; no proof of

sufficient intimidation

173%)1734" duration of e(traordinar+

responsi,i$it+" perfection of cont of carr

Compania ;aritima v 'ns#rance Co!- control and possession" loaded on a

lighter manned b$ carriers ees"

- it was loaded" it was recvd b$ patron

Jin behalf of bow5notK" free of charge

not impair cont of carr

- 9o* not re@rd for cont of carr" proof of

stips and obligations" no limits as to

form" oral contract confirmed b$

written boo5ing

8elsan Transport v American :ome 'ns

- diesel oil" discharge" port bow c#t"

vessel drifted" severed r#bber nose"

spill" storage valve not closed"

- still in carriers possession since

discharge not finished when bac5flow

occ#rred" d#t$ to preserve goods

- did not prove exempted ca#ses

- carrier still had control in discharge

!greement to Limit CCs $ia,i$it+

*# 8o v 9inamira

- cases of film" carrier" stevedoring"

arrastre" signs of pilferage

- Control/ossession" inspection via

c#stoms" t#rn over to consignee"

carrier loses possession

- 9o*" limit liabilit$" not liable for

dela$/loss" when not in possession"

Carrier not responsible" (when

shipment was delivered to c#stoms)

- 173. 173L - arrastre is the agent of

c#stoms

- what exempts carrier - element of

control

1734" dut+ of arrastre and carrier" ru$es ondmgs

&astern shipping *ines v CA

- riboflavin" carrier" arrastre" bro5er"

consignee" spillages

- Carrier" ?ointl$ severall$ liable w/

arrastre" did not prove exercise of exod

- Consignee/arrastre"

depositor/wareho#seman"

safe5eeping/ret#rn" cant deliv to 3rd"

#nless express stip" Carrier/arrastre- ,bli to deliv in ood cond to

consignee

- solid liable carrier w/ arrastre

- carrier not alwa$s liable w/ arrastre

solidil$" carrier not liable

- carrier sole petitioner (CA H finding of

negli on part of petitioner)" evidence

on bro5er/arrastre for negli (s#fficient

so solidaril$ w/ carrier)"

- failed to reb#t pres#mption of

negligence

- holding of 3 pla$ers liable% not a hard

and fast r#le" depends on facts of case

(each can be exempted depending on

facts)

- 'nterest" action for damages (not loan)"

sho#ld be paid at legal interest (.M)"

1M applies #pon finalit$ of ?#gd

- s#mmar$ r#le on damages" obliregardless of so#rce is breached"

contravenor liab for dmgs"

- interest act#al/compensator$" depends

of stip#lation (loan/forbearance)" w/o

stip - 1M per ann#m" interest d#e

shall earn legal int from time

demanded"

- obli not consti loan (eg" breach of cont

of carriage for passengers/goods) b#t

damages - rate .M per ann#m"

discretionar$ (m#st be pra$ed for"specificall$ made)" no int tho on


7/21

#li@#idated claims #nless established

on reasonable certaint$

- final exec" 1M per ann#m from

finalit$

17**" 17*" 175" 171" stipu$ation $imiting$ia,i$it+ of CC

:eacoc5 v ;acondra$

- cloc5s" 9o* stip#lations" failed to

deliver

- Can a carrier limit its liabilit$ based on

agreed val#ations it made in a 9o*

- (t$pe% stip limit liab to agreed

val#ation #nless shipper declares a

greater val and pa$s higher rate of

freight)- cla#ses 1 and valid

- $es carrier can limit its liab b#t it shall

be strictl$ constr#ed against him

- conflict between cla#ses

- interpretation" sho#ld be strictl$

constr#ed against the part$ ca#sing it

(this case" carrier)

- 9o* constr#ction" given b$ carrier" for

trans to consignor" strictl$ constr#ed

against carrier

1! one exempting the carrier from an$

and all liabilit$ for loss or damage

occasioned b$ its own negligence!

! one providing for an #n@#alified

limitation of s#ch liabilit$ to an agreed

val#ation!

3! one limiting the liabilit$ of the carrier

to an agreed val#ation #nless theshipper declares a higher val#e and

pa$s a higher rate of freight!

2hewaram v A*

- baggage" mistagged" presented similar

baggage" not his" loss

- stip#lation limiting liabilit$" when not

bo#nd" printed in small letters" hard to

read" m#st be reasonable #nder circs"

- loss" carriers ees" own negligence"cant avail of limitation" tampering

,ng Fi# v CA

- law$er" hearing" docs in maleta"

delivered to hotel" docs missing" not

accept"

- limitation on liab" CA9 did not declarea higher val#e/pa$ premi#m" stip

easil$ readable" m#st have been aware"

limitation applies

- cont of adhesion" still bo#nd even if

not sign" cont of carr"

an Am v 'AC

- films for exhibition 42/#am" promo

materials" l#ggage did not arrive"

- angan did not anno#nce prepas" no

decal of higher val#e D premi#m" nonotice of special circs

- *imitation" applies" +arsaw"

international carriage

Catha$ v CA

- passenger" &N of cement corp"

conference" l#ggage lost

- +arsaw" does not precl#de other

pertinent laws

- 6on application of +arsaw" wilf#ll

miscond#ct of ees/9" cant avail of

limitation" disco#rtes$/ not 5now

l#ggage missing #ntil infored b$

c#stoms - 9

- 2pecial in?#r$" CA9"

Factors affecting agreement:1746, 1747, 1748, 1751, 1752

Applicable Law in Foreign Trade

175!

"#les on $assenger %aggage1754, 1&&8, 2''' to 2''!

1733/17" nat#re/extent of responsibilit$

'saac v A* Ammen

- b#s collided w/ pic5 #p" severed arm

- carrier" exod in avoiding collision" did

ever$thing to avoid" swerved to

right/gravel" s#dden emergenc$"ordinar$ diligence


8/21

- carriage of s" as far as h#man care

and foresight can provide" w/ the

#tmost dili of ver$ ca#tio#s persons

w// d#e regard for all circs

- not an ins#rer against all ris5s

*andingin v antranco

- da#ghters died" exc#rsion" b#s"

swerve" bag#io" passengers fall

- exod" carr$ing s" failed CA9" motor

malf#nction" inspection (not eno#gh

considering strain on vehicle)" failed

d#e regard for all circs" cross ?oint

bro5e

- 9" negli driver" pretended to have

spcl permit" lost control" s#ddenl$

swered" b#s open on one side- ta5e into acco#nt geog of the place" for

vehicle to be fit as to circs

*andicho v 9TC,

- passenger w/ cage of chic5en" abo#t to

fall" passenger attend to cage" fell"

in?#r$

- passenger sleep$" cage was not abo#t

to fall

- carrier not an ins#rer against all ris5"

- ees" carrier" m#st see to it that

passenger safel$ placed" operate

caref#ll$ eno#gh to prevent mishaps

- d#t$ of passenger" place himself in a

safe portion" di==iness/sleeping of

cant be foreseen b$ carrier" s loo5 o#t

6ecesito v aras

- passenger D1$r old" wooden bridge"

lost cont" swerved" fell on cree5"severina drowned" 5id in?#red

- exod" mechanical defect" inspection

(vis#al) - not determine steel

5n#c5les resistance" m#st be periodical

test determining strength of critical

portions of vehicle" safet$ of

passengers

A* v CA O 2amson

- captain overshot air field" mangrove"

in?#red co pilot"

- negligent in allowing captain to fl$"

not pass for captain #nder CAA

reg#lation

- d#t$ of #tmost diligence" extends to

crew" safet$ of passengers/crew"

rationale" mere lapse can res#lt todeath of /C

2#lpicio v CA

- ,wner of l#mber hired stevedores"

load carrier" gas/copra" stevedores

#nconscio#s" amalaran died of gas

poisoning

- 6ot passenger" stevedore" b#t presence

called for b$ cont of carr" who else

wo#ld load" carrier responsible for

their safet$"- ailed ord dili in selection/s#pervision

of ees" ins#fficient training on

handling s#ch goods" preca#tionar$

meas#res"

BA* v As#ncion

- stop over narita" overnight sta$"

shorepass" denied b$ immigration"

discrepanc$ in passport" bro#ght to rest

ho#se" expenses

- 9reach of contract" none CA9" d#t$ to

inspect trav docs" b#t not to veracit$ of

ever$ entr$

- Admission to co#ntr$" be$ond carriers

powers" immigration

173%" 0uration of #esponsi,i$it+" 6arsaw

art 17" Code of Com %4

Cangco v ;PP

- ee" step off" melons" at night" right arm

cr#shed"

- liabilit$" negli of ees" cont of carriage"

d#t$ of carr$ing passenger safel$"

entering leaving

- breach of contract" not necessar$ to

prove that there was negli"

8el rado v ;eralco

- street cars" motorman" stations" ran tocatch" signaled" slowed down" before


9/21

sec#ring position" accelerated" fell"

right foot cr#shed

- obligation to stop" stations" none since

not at station" 94T sho#ld not increase

peril" d#e regard for all circs" breached

d#t$ when he accelrated

*a ;allorca v CA

- famil$" shade" bag left" father get bag"

motor not sh#t" w/o cond#ctors signal"

driver moved vehicle" toddler cr#shed

s5#ll

- Cont of carr still" as to father/child

- Peasonable opport#nit$ to alight"

contin#es #ntil reasonable opp to

leave"

- Alt CoA" @#asidelict

9ataclan v ;edina

- b#s" passengers" night" tire b#rst"

overt#rned in canal" some passengers

co#ld not get o#t" ho#r later" ees got

help" men had torches" gas spread" lit"

- proximate ca#se" carriers fa#lt (not

fire)" negligence of driver ca#se of

overt#rning" co#ld have smelled gas

Aboiti= v CA

- farmer passenger" vessel arrive"

stevedore too5 care of cargo" 1 ho#r

later went bac5 to get cargo" crane hit

him" died

- Carrier still liable" cont of carr" not

terminated" arrive at point of desti" if

remains in premises to claim baggage

- Peasonable opp to leave

A* v ca O Qapatos- bo#nd for ceb#" airport closed" heav$

rains" proceed to diff airport" informed

of options" not accommodated" co#ld

not hitch" accepted free tic5e #nder

protest" p#rchased tic5et

- obli of carrier" comfort and

convenience of passengers" incl#ded in

safet$ of passengers"

- 2tranded passengers" exod in providing

comfort" diversion d#e to & not termi

ccont of carr" responsibilit$ contin#es

#ntil reach point of desti/leave

premises"

- eailed exod in providing comfort"

war" & not sole ca#se" did not contest

no all weather airport

Presumption of /eg$i" 17%

Force a8eure

9achelor &xpress v CA

- passenger came on board" stabbed C

soldier" ca#sed panic" passengers ?#mp

o#t of b#s" in?#ries

- &" m#st be sole ca#se" m#st have no

negli on part of carrier

- CA9" carrier negli" fast driving"belated stop" not e@#ipped w/ proper

doors"

ort#ito#s &vent

- ca#se #nforeseen/indep of h#man will

- impossible to foresee/inevitable

- impossible to render obli in a normal

manner

- obligor free from participation from

ca#sing in?#r$ to credi

I#is#mbing v CA

- nbi agent" s#spect in 5illing of a ?#dge"

re@#est" captain not send re@#est"

hi?ac5" g#nshots" hold #p captain" got

belongings of passengers"

- &" no negli on carrier" grave threat"

passengers shot" screening proced#res

not stop determined hi?ac5ers

- Threat not #pon gaining entr$" when

most effective"

17" 17.0" Pesponsibilit$ for acts of &es

9ataclan v ;edina

- negligence of ee" proximate ca#se of

death

8e illaco v ;PP

- passenger manila railroad" g#ard of

;PP" shot illaco" gr#dge"

- carrier no liab for 8eve=as acts" nod#ties at time"


10/21

- 2hooting" &" gr#dge #nforeseeable

;aranan v ere=

- taxi" driver stab passenger

- diff between old civ and new civil

code- absol#te liabilit$ for acts of ees

basis of carriers liab for assa#lts made b$

drivers

- minorit$ view" liab onl$ if w/ in the

scope

- ma?orit$ view" s#fficient that done w/

in co#rse of ees d#t$ (implied" safel$

trans passenger)" absol#te liab for ees

assa#lts" Jin excess of AK not a defense

Peasons for ma?orit$ view

- special #nderta5ing" f#ll meas#re of

protection p#rs#ant to high meas#re of

care given b$ law" speciall$ from own

ees

- liabilit$ for ees" delegation of d#t$ to

ees to safel$ trans passenger

- carriers bear the ris5 of wrongf#l acts

of ees" power to select/remove

Carrier liable

- correctl$ claim against driver" covered

b$ crim case w/c incl#ded civ liab

*PTA v 6avidad

- passenger" altercation w/ g#ard" fell on

trac5s" ran over b$ train

9asis of *iabilit$

- cont of carr" breach of contin discharge of its commitments"

carrier ma$ hire ees ,P

o#tsiders/indep firms

- not relieved of responsibilities #nder

cont of carr

- CA9" sec# agenc$ not liable" evidence

ins#fficient

17.3" Pesponsibilit$ for acts of 2trangers/co

passengers

ilapil v CA

- passenger on b#s" b$ stander" threw

roc5" left e$e impaired

- acts of strangers" ordi diligence in

preventin" if wholl$ b$ stranger"

carrier not liab" carrir no control over

circs- carrier not ins#rer against all ris5

9achelor v CA

- act of stranger" conc#rring negligence

of carrier" carrier negligent

17.1/17." 8#t$ of assengers" contri negli

Cangco v ;PP

9#t% onl$ ordinar$ diligence is re@#ired of

cangco

- was there an$thing in the circs that

wo#ld ma5e the passenger do

otherwise given the same circs

- Cangco was did not 5now of the

obstr#ction" dar5"

+as there contri negli

- still $o#ng" no ris5 in alighting from a

moving train (slowl$)" place was

familiar to cangco" there was no contri

negli

Contrib#tor$ negligence" determination" did

person act rec5lessl$" ph$sical conditions

considered" if not characteri=e impr#dence (no

contri neg)

'saac v A* Ammen

Contrib#tor$ negligence of 'saac

- seated on left side" rested arm on

window sill" severance" he was the

onl$ victim

contri negli P H red#ction of dmgs"

exception H protr#de an arm/elbow% be$ond

edge of window H no recover$ (will not res#lt

if it were not for s#ch negli)


11/21

Contri negli" not relieve carrier of liabilit$"

red#ction of amo#nt of damages"

17.E" 1" 01" 03" 0."

Act#al/Compensator$ dmgs

!rt9 219 '(cept as provided ,+ $aw or ,+

stipu$ation: one is entit$ed to an ade;uate

compensation on$+ for such pecuniar+ $oss

suffered ,+ him as he has du$+ proved9 uch

compensation referred to as actua$ or

compensator+ damages9

!rt9 22519


12/21

Nilla Pe$ v CA

- b#s hit b#ll cart" end of bamboo pole

penetrated wind shield" left e$e

in?#red/brain conc#ssion" died

's the TCs comp#tation on the n#mber of

$ears correct- TC" A&T;" life expectanc$ 33 and R"

he was 30" form#la /3 (L0-30) G life

expectanc$

- Nillare$" invo5ing E $ear r#le"

- 'n alcantara" none of parties @#estioned

E $ear basis" it was not the r#le w/

regard to time" no #niform r#le"

depends on circ#mstance

Pate of damages

- here not of f#ll amo#nt of earning"s#pport (intestate heirs)

- earning H necessar$ expenses G net

earnings

A* v CA O adilla

- plane crash" heir" mother

+as the comp#tation of indemnit$ correct"

based life expectanc$ of the deceased

- A*s arg#ment" principle of law in

the 42" life expectanc$ of the deceased

or the beneficiar$" w/c ever is shorter

- oreign ?#ris onl$ ers#asive" will

appl$ onl$ if no avlbl law/?#ris

- Applicable laws 17.E/0." damages

for death based on life expectanc$ of

deceased (not beneficiar$)

- *iabilit$ for loss of earning capacit$"

paid to heirs" assessed and awarded b$

co#rt" 46*&22 had no earning

capacit$ (ph$sical disabilit$ not ca#sed

b$ def)- 8avilla case" 30 $ears of age at death"

life expect 33 1/3" form#la - /3 (L0-

30)" income from 3 diff so#rces" d#e to

circs life expec lowered to (had

ailments and bac5 aches)

- roving act#al dmgs" witnesses

;ate/re$es" had 5nowledge of salaries"

ob?ections to their testis waived"

*ife expec 30 $ears" single

17"1."1"0"0.(3)" ;oral8amages

!rt9 22179 ora$ damages inc$ude ph+sica$

suffering: menta$ anguish: fright: serious

an(iet+: ,esmirched reputation: wounded

fee$ings: mora$ shoc@: socia$ humi$iation: and

simi$ar in8ur+9 Though incapa,$e of pecuniar+

computation: mora$ damages ma+ ,e recovered

if the+ are the pro(imate resu$t of the

defendantBs wrongfu$ act or omission9

!rt9 221%9 /o proof of pecuniar+ $oss is

necessar+ in order that mora$: nomina$:

temperate: $i;uidated or e(emp$ar+ damages

ma+ ,e ad8udicated9 The assessment of such

damages: e(cept $i;uidated ones: is $eft to the

discretion of the court: according to the

circumstances of each case9

!rt9 2219 ora$ damages ma+ ,e

recovered in the fo$$owing ana$ogous cases A

-1. ! crimina$ offense resu$ting in

ph+sica$ in8uries"

-2. uasi)de$icts causing ph+sica$

in8uries"

(((

-15. !cts and actions referred to in

!rtic$es 21: 2%: 27: 24: 2: 35: 32: 3* and 39

(((

!rt9 22259 6i$$fu$ in8ur+ to propert+

ma+ ,e a $ega$ ground for awarding mora$

damages if the court shou$d find that: under the

circumstances: such damages are 8ust$+ due9

The same ru$e app$ies to ,reaches of contract

where the defendant acted fraudu$ent$+ or in

,ad faith9

!rt9 225%9 (((

-3. The spouses: $egitimate and

i$$egitimate descendants and ascendants of

the deceased ma+ demand mora$ damagesfor menta$ anguish ,+ reason of the death of

the deceased9

ores v ;iranda

- ;oral damages

- m#st be discarded

- breach of cont" for moral to be given"

m#st prove 9" analogo#s cases 1"

0" @#asidelicts does not incl#de

previo#s contract#al relations

- death of a passenger" allows recov ofmoral dmgs


13/21

- if passenger does not die" no moral

recov" #nless 9 proven

negligentl$ (is not a breach of confidence)"

hence not a#tomaticall$ 9"

Air rance v Carrascoso- 1stclass" given to white man" better

right"

2ho#ld ;oral damages be granted

- $esS

- rom 1stclass to to#rist class"

compelled to leave after being seated"

d#e to embarrassment too5 pan am

instead ;adrid - ;la

- ail#re to f#rnish 1stclass" s#ffered

mental ang#ish/embarrassment

- 1stclass 9ang5o5 to teran" breach ofcont when failed to giv 1stclass% 9 -

compelled to to#rist class after seated"

- o#sted b$ manager to give white man

his seat" captain ref#sed to intervene"

did not present mgr to den$ statement

on captain" no evidence if whiteman

had reservation" did not prove if white

man did have a better right - def

silent

- manager" did not ?#st prevent

carrascoso from en?o$ing his right"

imposed his arbitrar$ will" threatened

to throw him o#t of the plane

*ope= v an Am

- senator w/ wife/da#ghter/son in law" 1st

class" given to#rist class"

+as there 9

- F&2S

- *ope= arg#ment" pre?#dice against

pino$s" other passengers- an Ams arg#ment" honest mista5e"

reservations made via ?oint reservation

card" w r#finos (L in all pl#s lope=es)"

other r#finos #nder sep reservations"

new reservation card made" agenc$

cancelled r#finos" b#t herran=

(reservation ee) mista5enl$ cancelled

even lope=es" contacted san fran ofc

for reinstatement" wait listed" still a

month awa$" herran= confident and

forgot abo#t it" vila" co wor5er of

herran=" confirmed reservation" tele= to

san fran" b#t still #nable to

- an A; in effect" admitted that it

cancelled reservations" intentionall$

withheld fact of cancellation" lettingthem believe their 1st class reservations

valid" s#ch cond#ct amo#nts to 9"

malice

- Peservations s#per visor" non

notification" Jprompted him to

withhold infoK" his d#t$ to inform

them D tic5ets of record Jmar5ed ,

Documents

trans notes.doc