Common Carrier
1) Obligation to Carry:
- CC: bound to carry all who
choose to employ it
- PC: can choose the persons
with whom it may contract
2) Diligence Required:
- CC: obliged to employ
extraordinary diligence
- PC: should employ ordinary
diligence
The stipulation in the charter party absolving
the owner from liability for loss due to the
negligence of its agents would be void if the
strict public policy governing common carriers
is applied. Such policy has no force where the
public at large is not involved, as in the case of
a ship totally chartered for use of a single
party. The stipulation exempting the owner
from liability for the negligence of its agent is
not against public policy and is deemed valid.
(Home Insurance Company vs American
Steamship Agencies, Inc., 23 SCRA 24)
Status of a Driver under “Boundary
System” Arrangement
Goods: