Transportation Laws

Liability With Regard to Moral Damages

What is the liability with regard to moral damages in a breach contract of carriage?

 

General Rule: Moral damages are not recoverable for breach of contract of carriage in view of Art. 2219-­‐20 of the Civil Code.

 

Exceptions:

1. Where the mishap results in the death of the passenger

2. Where it is proved that the common carrier was guilty of fraud or bad faith, even if death does not result.


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