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COMMENCEMENT AND TERMINATION OF EXTRAORDINARY RESPONSIBILITY OF THE COMMON CARRIER

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barrister

barrister
Reclusion Perpetua

1. The extraordinary responsibility of the common carrier in the transportation of goods lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered,actually or constructively, by the carrier to the consignee
or to the person who has a right to receive them.

2. Also even when the goods are temporarily unloaded or stored in transit, unless shipper used right of stoppage in transitu.

3. During the time of the storage at warehouse of common carrier at place of destination, until consignee is advised of good’s arrival and has had opportunity to remove or dispose of them.

4. As to the transportation of persons, there are two views:
a. Liberal view- when a person offers to be transported placing himself in the care and control of the common carrier who accepts him as such passenger.
b. Strict view- there is actual boarding or placing of a part of the passenger’s body in the vehicle. The contract terminates when the passenger alights from the vehicle at the place of destination and
has reasonable opportunity to leave the common carrier. [Airline has no control over pre-departure area]

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