the following are the evidentiary facts. appellant, hector de leon, held the 3,440 shares of stock in the corporation. appellant, mark king, testified that he and the other shareholders had a meeting with appellant, hector, and maritza dubroca, vice president of superior bookkeeping. appellant, mark king, testified that he and appellant, hector, and dubroca had agreed that hector was to receive the 3,440 shares.
the parties in this contract may have created a new type of obligation or they may be imposing an additional obligation (5). after the formalities have been fulfilled, the parties' agreement has been made into a legally binding contract. contracts become binding on the parties after the execution of the text of the contract, and this means that once the text is signed, it becomes the equivalent of a legal act. both parties are completely free to modify and cancel or suspend the contract at any time before its execution. likewise, they are free to amend the contract to increase their obligations. the decisive decision to enter into a contract is made only at the moment of execution. this act has the effect of making the contract official and binding. the execution of the contract is regulated in a number of ways, but essentially in three ways.
notes: a. general convenience, or experience clause, in favor of the carrier. b. carriage contracts. c. this particular clause is designed to circumvent, and expressly excluded, the common law doctrine of mitigation of damages by limiting carrier’s obligation to the first $200.00 per passenger and/or $600.00 per person and/or per bag, as the same is more at the convenience and benefit of the passenger or the shipper, when the carrier is damaged by a fire or other cause beyond his control. d. such clauses contained in these tariffs are to be included in every contract for carriage under a tariff and not otherwise. exception: if the bill of lading and/or tariff limit the recovery, the carrier shall be entitled to the same limitation. e. at his discretion and as provided in the tariff, the carrier may file a suit under such tariff if permitted by statute. all damages are controlled by the tariff and any conflicting statutory provisions are superceded by such tariff, and all limitations or exclusions of liability provided in the tariff have to be respected. this is the authority, nor is it binding, but contractual obligations between the shipper and the carrier and those coming under the terms of the contract and the tariff. f. the carrier shall not be liable for delay or transit loss, nor for loss or damage caused by any act of god, acts of the public enemy, public authority, act of public or private persons. shipping and transit losses. g. the shipper shall defend, indemnify and hold harmless the carrier and its agents, servants and employees, from and against any and all claims, actions, and liability. h. the carrier shall not be liable for any damage, loss, or delay in transporting baggage of passengers, freight, or property by means of public conveyance, except in the case of death or personal injury resulting from the willful act or gross negligence of the carrier. x is for rejection. the contract is complete and the shipper is obliged to pay a carriage charge for the conveyance if the carriage is accepted. x is for acceptance. the shipper accepts the carrier’s carriage of the goods. the contract is complete. the shipper is obliged to pay a carriage charge for the conveyance of the goods. 3d9ccd7d82