Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed that the fault was due to the driver of Mr. TP. Which is not correct?
A)Miss X may sue Mr. O under a breach of contract of carriage.
B)Miss X may sue Mr. TP under a culpa aquiliana theory.
C)Miss X may sue the driver of Mr. TP under a culpa criminal theory.
D)Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP.

Question

Quizplus · Accepted Answer

Mr. O cannot defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP because Mr. O is liable to Miss X for breach of contract of carriage regardless of the cause of the accident.

Miss X, Is a Passenger in a Jeepney Driven by Mr