Diligence Required

I. A common carrier is responsible for injuries suffered by a passenger on account of the willful acts or negligence of other passengers or of strangers, if the common carrier's employees through extraordinary diligence could have prevented or stopped the act or omission.

II. The common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances.

• Only Statement I is true.

• Only Statement II is true.

• Both Statements are true.

• Both Statements are false.

I. Extraordinary diligence requires the common carrier to know and to follow the required precaution for avoiding damage to, or destruction of the goods entrusted to it for safe carriage and delivery.

II. It requires common carriers to render service with the greatest skill and foresight and to use all the reasonable means to ascertain the nature and characteristics of goods tendered for shipment, and to exercise due care in the handling and stowage.

• Only Statement I is true.

• Only Statement II is true.

• Both Statements are true.

• Both Statements are false.

I. At all times, the court needs an express finding of fault or negligence.

II. Gross negligence is presumed.

• Only Statement I is true.

• Only Statement II is true.

• Both Statements are true.

• Both Statements are false.

Maria boarded a passenger truck owned by Metro Transit and driven by Juan. While the truck was proceeding to its destination, it fell into a ravine and several passengers, including Maria were killed. The truck was insured under a Common Carrier's policy with Island Insurance Company. Choose all correct answers.

• Metro Transit is liable to the heirs of Maria for breach of contract of carriage.

• The death of Maria gave rise to the presumption of gross negligence.

• The death of Maria gave rise to the presumption of bad faith.

• The heirs of Maria must present proof of negligence on the part of Metro Transit.

I. Unless the presumption of negligence is rebutted, the court need not make an express finding of fault or negligence on the part of the common carrier.

II. The presumption is operative only if either or both of the parties can establish the cause of the damage to the goods or injury to the passenger.

• Only Statement I is true.

• Only Statement II is true.

• Both Statements are true.

• Both Statements are false.