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04 Quiz 1 Legal Aspects in Tourism and Hospitality

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LEGAL ASPECTS OF TOURISM AND HOSPITALITY

REMIENDO
BSHM

Is the incident onboard the airplane Flight Fokker “Friendship” PIC-536 considered force majeure,
which exempts Philippines Airlines liability?
 For me, I agreed it is a specific hijacking that establishes force majeure. Hijackers do not board
an airliner through a brazen display of firepower and extreme wrath. The objective of modern-
era hijackers searches to display the compelling force coming to the uncontrollable event only
when it is most effective what is when the jetliner is extemporary speech habit at Himalayan
altitudes and unwise heroics by either the company or passengers would transmit the
multimillion-peso aircraft and the precious lives of all allure occupants into certain demise and
demolition. Philippine Airlines manage not to be abandoned for want of diligence. The necessary
use of ultimate cultured photoelectric discovery devices and magnetometers, the deception of
harsh punishments, the happening of screening processes, the assemblage of carjackers
concerned with the manner of behaving sketches, the assignment of azure marshals, and the
burden of abused experience opinion can have underrated robbery but all these have confirmed
of loaded hijackers want to take the place of a plane departure, they can avoid new combined
management and airlines manufacturing measures.

 Contending that the said earlier is a result of the gap of PAL’s permissible responsibility to bear
them and their chattels and belongings to their Manila goal outside deficit damage, and forms
weighty delinquency of PAL’s legal charge to exercise amazing vigor in the carefulness over the
alike, following this opinion’s chance passage, to restore the value of the feature extinct by
bureaucracy to the robbers in addition to moral and ideal damages, attorney’s expense and
expenses of the action. The plaintiffs declared that their suit was begun under Civil Code items
1754, 998, 2000 and 2001 and on the ground that concerning pronounced Civil Code item 2001
the grumbled –of act of the supplied robbers is not an uncontrollable event, as the use of arms
or iressistible force was not used by pronounced supplied robbers in acquiring entrance to
defendants hapless plane in questions. Pal ordered an answer renouncing debt, alleging bury
Alia that the stealing all the while the departure and subsequently the airplane was against
one's will acquired at the Manila Airport acted indeed form uncontrollable event, and neither
the plaintiffs had informed PAL or allure crews or attendants that they were in the ownership of
cash, German marks and valuable jewelries and more or surrendered pronounced articles to the
crew or cadre onboard the airplane. While it is valid that the use of treasure was not used
apiece robbers to win entrance to the accused’s hapless plane, the armed robbery that accepted
place forms an uncontrollable event for the accused is invulnerable cause the robbers were
capable to gain entrance to the plane with revolvers they secondhand before in their ownership,
that case keeps not have existed obviated nor avoided for one accused because it was not
approved to search allure passengers for firearms and lethally armaments. As the allure of
robbery establishes an uncontrollable event, the accused is invulnerable.

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