Commercial Law, 2011 Bar — Question 6

MULTIPLE CHOICE

S delivered 10 boxes of cellphones to Trek Bus Liner, for transport from Manila to Ilocos Sur on the following day, for which S paid the freightage. Meanwhile, the boxes were stored in the bus liner’s bodega. That night, however, a robber broke into the bodega and stole S's boxes. S sues Trek Bus Liner for contractual breach but the latter argues that S has no cause of action based on such breach since the loss occurred while the goods awaited transport. Who is correct? A) The bus liner since the goods were not lost while being transported. B) S since the goods were unconditionally placed with T for transportation. C) S since the freightage for the goods had been paid. D) The bus liner since the loss was due to a fortuitous event.

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