04 Quiz 1

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04 QUIZ 1

Juan Carlos G. Alcantara April 2, 2023


BSTM 302-A

Question: Is the incident onboard the airplane Flight Fokker “Friendship” PIC-536 considered force

majeure, which exempts Philippine Airlines from liability? Support your answer.

Yes, the hijacking in question is an example of force majeure. A bold display of force and

aggression is not how hijackers enter an aircraft. When the passenger plane is flying in the direction of the

Himalayas and ill-advised heroic actions by either crew or passengers would send the multimillion-peso

aircraft and the valuable lives of all its occupants into some of these death and misery, this is when

modern hijackers hope to demonstrate the unstoppable force amounting to force majeure.

Philippine Airlines is immune from liability under Article 1163, which states that anyone who is

obligated to give something is also obligated to look after it. with the diligence appropriate to a good

father of a family, unless the law or the parties' agreement requires a different standard of care. In short,

because they are public transportation, even if they do not have a contract with the passengers, they are

still required to meet certain requirements, including safely transporting their passengers to their

destinations. the fact that the evidence failed indicates a lack of diligence on the part of Philippine

Airlines.

In other words, it hasn’t violated applicable regulations or universally accepted and followed

hijacking prevention procedures, taking into account the facts of the case.

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