Module 2.3 and 2.4 Flashcards
An important law that governs the liability of
air carriers fro loss or damage to cargo or
baggage during international shipping, and for
death or bodily injury to passengers engaging
in international travel.
Warsaw Convention of 1929
It is an air transportation law which requires
airlines to maintain adequate insurance for
losses or damages and include provisions for
compensatory passengers.
The Montreal Convention of 1999
can be applied through
* The country where the passenger’s tickets
were purchased or the air waybill for cargo
issued.
* The country of final destination.
* The country where the carrier is incorporated
or domiciled
* The country where the carrier has its principal
place of business
Jurisdiction
All international carriage of persons, baggage
and cargo by aircraft in which the place of
departure and the place of destination are in
two countries that are party to the convention.
- International Carriage
The carrier is liable for damage sustained in
the case of death or bodily injury of a
passenger upon condition only that the
accident which caused the death or injury took
place on board the aircraft or in the course of
any of the operations of embarking or
disembarking.
Article 17 of the Convention
Air Carrier’s Liability for Death
or Bodily Injury
*Accident
*Embarking or disembarking
* Limitations on Liability for Death or Bodily
Injuries
* Compensable Damages.
* Third Party Suites
- It generally requirs that the cause of injury be
an event that presents a risk peculiar to air
travel and external to passenger. - This might include injuries resulting from a fall
while boarding, the spilling of hot coffee on a
passenger, air turbulence, or a crash landing.
Accident
A carrier is only liable for damages occurring
on board the aircraft or in the course of any of
the operations of embarking or disembarking.
Embarking or Disembarking
The monetary limit of an air carrier’s liability is
set not in the currency of any one country but
in
Represents an amount equal to a mix
currency values (the euro and dollar)
Special Drawing Rights
The Convention does not specify the types of
compensatory damages that a plaintiff can
recover.
Compensable Damages
*The Monteral Conventiion applies only to claims
against air carriers.
- It does not prohibit or govern claims brought
against third parties such as the manufacturer of
a defectively designed or built airplane ,
operators and private security firms.
Third Party Suits
Air Way Bills and Air Cargo
Losses
*Baggage Losses
* Delay
* Time Limitations
refers to the body of law within
the admiralty jurisdiction of a court that
governs private rights and obligations arising
out of the operation of vessels on navigable
waters or in maritime commerce.
Maritime Law
(Throwing cargo or property
overboard to save the ship)
Jettison
(persons employed on vessels
regardless of their jobs)
Seamen
(those employed to load
and unload ships)
Longshoremen
A maritime code which presents judgments in
actual cases heard in local maritime courts in the
seaport.
Rolls of Oleron
is the term for goods carried
aboard ships.
CARGO
( where goods are stowed
in individual containers or on pallets in
the ship’s hold)
CARGO SHIPS
(the price charged to transport cargo)
FREIGHT
