The Elements for Establishing the Contractual Liability of the Air Carrier Toward the Passenger under the Warsaw System and the 1999 Montreal Convention

Type : Research Article

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Abstract

To establish contractual liability, in addition to the existence of a valid contract between the carrier and the passenger, three other elements of liability—namely, the occurrence of damage, breach of obligation by the defendant, and causation—are required. The carrier’s liability toward the passenger arises in cases of death, bodily injury, and delay in transportation. In cases of death or bodily injury, the carrier is liable when the event causing the damage occurs on board the aircraft or during any of the operations of embarking or disembarking. In this paper, the concepts of “accident,” “on board the aircraft,” “embarking or disembarking,” “death,” and “bodily injury” are first explained. Then, the issue of “delay” in passenger carriage and its distinction from “non-performance of the air carriage contract” is discussed. Finally, the other elements required to establish the carrier’s liability in each of these situations are examined.

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  • Received: 17 May 2007
  • Revise: 10 July 2007
  • Accepted: 05 August 2007

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