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1. When death results.
2. Even if death does not result, when the carrier was guilty of fraud or bad faith. However only the injured passenger is entitled to moral damages due to his injury.
NOTE: The defense of the exercise of all the diligence of a good father in the selection and supervision of their employees is appropriate only in the quasi-delict or culpa aquiliana. It is not available, however, in culpa contractual and therefore, a common carrier cannot raise such defense in action brought by its passengers.
2. Even if death does not result, when the carrier was guilty of fraud or bad faith. However only the injured passenger is entitled to moral damages due to his injury.
NOTE: The defense of the exercise of all the diligence of a good father in the selection and supervision of their employees is appropriate only in the quasi-delict or culpa aquiliana. It is not available, however, in culpa contractual and therefore, a common carrier cannot raise such defense in action brought by its passengers.
