Mape, Harold S.
The grab effect : an analysis of the possible shift in civil liabilities arising from tort in grab taxis / Harold S. Mape. - Cebu City : University of Cebu, 2016. - iii, 61 leaves :
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
Includes bibliographical references (leaves 62-66).
Contents: Chapter I: The problem and its scope -- Chapter II: Review of related literature and related studies -- Chapter III: Results and discussions -- Chapter IV: Summary of findings, conclusions, and recommendations --References -- Curriculum Vitae.
Summary : GRABTaxi has paved the way into the Philippine mode of public transportation. One thing about public transportation such as the GRABTaxi is its culpability in case of an accident. Recently, the Philippines, thru the Department of Transportation and Communication (now Department of Transportation) and the Land Transportation Franchising & Regulatory Board such mode of transport under the category, Transportation Network Vehicle Service (TNVS). With the said development, it is the goal of this study to determine the liability of companies providing pre-arranged transportation services using an internet-based technology application known as Transportation Network Companies (TNCs) and the common carriers providing the pre-arranged transportation services referred to as TNVs, especially on the aspect of culpa contractual and culpa aquiliana. The objective of this study is to shift the liability to TNCs through analyzing the relationship between TNCs and TNVS similar to that of a principal-agent under the doctrine of apparent authority. In that way, it can be determined who between the TNC and the TNVS shall ultimately be liable to compensate a passenger for the damage caused in case of an accident.
The study used the qualitative method of study using a document analysis approach, particularly on the laws governing TNCs and TVNS and laws governing common carriers, torts and agency under the New Civil Code. The study utilized foreign jurisprudence and a particular study in the conduct of its analysis.
The relationship between TNCs and TNVS is similar to that of a principal and agent. As far as law and jurisprudence is concerned, this relationship cannot be established with certainty for purposes of culpability. The doctrine of apparent authority would, however, appear to bind the TNCs and impute civil liability on them in case of accidents involving the TNVS. There is, thus, a need to regulate the said relationship in order to finally settle the issue of imputing liablity - whether it stays with the TNVS and their operators or whether it shifts to the TNCs as well.
English
The grab effect : an analysis of the possible shift in civil liabilities arising from tort in grab taxis / Harold S. Mape. - Cebu City : University of Cebu, 2016. - iii, 61 leaves :
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
Includes bibliographical references (leaves 62-66).
Contents: Chapter I: The problem and its scope -- Chapter II: Review of related literature and related studies -- Chapter III: Results and discussions -- Chapter IV: Summary of findings, conclusions, and recommendations --References -- Curriculum Vitae.
Summary : GRABTaxi has paved the way into the Philippine mode of public transportation. One thing about public transportation such as the GRABTaxi is its culpability in case of an accident. Recently, the Philippines, thru the Department of Transportation and Communication (now Department of Transportation) and the Land Transportation Franchising & Regulatory Board such mode of transport under the category, Transportation Network Vehicle Service (TNVS). With the said development, it is the goal of this study to determine the liability of companies providing pre-arranged transportation services using an internet-based technology application known as Transportation Network Companies (TNCs) and the common carriers providing the pre-arranged transportation services referred to as TNVs, especially on the aspect of culpa contractual and culpa aquiliana. The objective of this study is to shift the liability to TNCs through analyzing the relationship between TNCs and TNVS similar to that of a principal-agent under the doctrine of apparent authority. In that way, it can be determined who between the TNC and the TNVS shall ultimately be liable to compensate a passenger for the damage caused in case of an accident.
The study used the qualitative method of study using a document analysis approach, particularly on the laws governing TNCs and TVNS and laws governing common carriers, torts and agency under the New Civil Code. The study utilized foreign jurisprudence and a particular study in the conduct of its analysis.
The relationship between TNCs and TNVS is similar to that of a principal and agent. As far as law and jurisprudence is concerned, this relationship cannot be established with certainty for purposes of culpability. The doctrine of apparent authority would, however, appear to bind the TNCs and impute civil liability on them in case of accidents involving the TNVS. There is, thus, a need to regulate the said relationship in order to finally settle the issue of imputing liablity - whether it stays with the TNVS and their operators or whether it shifts to the TNCs as well.
English