Q. Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed that the fault was due to the driver of Mr. TP. Which is not correct? (Solved)

1. Miss X may sue Mr. O under a breach of contract of carriage.

2. Miss X may sue Mr. TP under a culpa aquiliana theory.

3. Miss X may sue the driver of Mr. TP under a culpa criminal theory.

4. Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP.