2013 (Mercantile Law ) Bar Exam Questions: Multiple Choice Question 15

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XV.

Akiro of Tokyo, Japan sent various goods to his friend Juan in Cebu City, Philippines, through one of the vessels of Worthwell Shippers, Inc., an American corporation. En route to Cebu City, the vessel had two stops, first in Hong Kong, and second, in Manila.

XV.(1) While travelling from Tokyo to Hong Kong, the goods were damaged. What law will govern? (1%)

(A) Japanese law

(B) Hong Kong law

(C) Chinese law

(D) Philippine law

(E) American law

XV.(2) Assuming Philippine law to be applicable and Juan fails to file a claim with the carrier, may he still commence an action to recover damages with the court? (1%)

(A) No, the failure to file a claim with the carrier is a condition precedent for recovery.

(B) Yes, provided he files the complaint within 10 years from delivery.

(C) Yes, provided he files the complaint within 10 years from discovery of the damage.

(D) Yes, provided he files the complaint within 1 year from delivery.

(E) Yes, provided he files the complaint within 1 year from discovery of the damage.

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