CHAPTER 6 there is no privity of contract between him and

Actions and Damages in case of Breach the passenger or shipper.

CULPA CONTRACTUAL. Passengers and shippers The direct and primary liability of drivers based
who suffered damages because of the contractual on quasi-delict and delict equally applies to the
obligation of the carrier may sue the latter for captain, officers and crew of the vessel or the
damages. captain and other personnel of the air carrier in
proper cases where they committed the
DISTINCTIONS BETWEEN CULPA- negligent act or omission.
CONTRACTUAL AND CULPA-AQUILIANA
POINT OF CULPA CULPA The shipowner or the operator, as employer,
DISTINCTION CONTRACTUAL AQUILIANA may be held primarily liable under Article 2180
SOURCE OF contract Quasi-delict of the New Civil Code or subsidiarily liable under
OBLIGATION the Revised Penal Code. These liabilities are in
LIABILITY OF no liability solidarily the nature of vicarious liabilities because the
EMPLOYEE there being no liable with negligence of the employee is imputed to the
privity of the employer-operator.
contract employer
AVAILABILITY due diligence in due  CONCURRENCE WITH THIRD PERSONS
OF DEFENSE the selection diligence in If the negligence of third persons concurs with
and supervision the selection the breach(as in the case where the passenger
of the employee and was injured because the carrier collided with
is not a defense supervision another vehicle), the liability of the third person
of the who was driving another vehicle and/or his
employee in employer may be based on quasi-delict. The
a defense driver alone may be held criminally liable and
under article civil liability may be imposed on him based on
2180. delict. In the latter case, the employer is
IN WHAT liable as a liable as an subsidiarily liable.
CAPACITY contracting employer
LIABLE party However, in case of injury to a passenger due to
the negligence of the driver of the vehicle on
 CONCURRENT CAUSES OF ACTION which he was riding and the driver of another
The same act that breaches the contract may also vehicle, the drivers and the owners of the two
be tort. Hence, a negligent act that breaches the vehicles are jointly and severally liable for
contract may give rise to a liability based on damages. It does not make any difference that
contract as well as quasi-delict under Article the liability of one springs from contract while
2176 of the Civil Code. that of the other vehicle are not impleaded, the
carrier may implead them by filing a third party
With respect to employee of the carrier, civil complaint.
liability may be based on quasi0delict as well as
on criminal liability under Article 100 of the  SOLIDARY LIABILITY
Revised Penal Code. In case the negligence of the carrier’s driver and
a third person concurs, the liability of the
The cause of action of a passenger or shipper parties--------carrier and his driver, third
against the common carrier can be culpa person----- is joint and several.
contractual or culpa aquiliana while the basis of
liability on the part of the driver is either culpa
delictual or culpa aquiliana. The driver of the
carrier is not liable based on contract because