BSAD486 Chapter 6 || with A+ Guaranteed Solutions.
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BSAD486 Chapter 6
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BSAD486 Chapter 6
Warsaw convention of 1929 correct answers For more than 70 years this was the most important law governing the liability of air carriers for loss or damage to cargo or baggage during international shipping, and for death or bodily injury to passengers engaging in international travel.
A limited ...
BSAD486 Chapter 6 || with A+ Guaranteed Solutions.
Warsaw convention of 1929 correct answers For more than 70 years this was the most important
law governing the liability of air carriers for loss or damage to cargo or baggage during
international shipping, and for death or bodily injury to passengers engaging in international
travel.
A limited with damages were recoverable by a plaintiff and under what circumstances and they
placed caps on the amount that could be recovered (75,000)
A new convention was needed because it did not adapt to electronic modifications of
transportation
The Montreal convention of 1999 correct answers Eases restrictions and raises the limits on
recovery from air carriers above those of the Warsaw convention, and accommodates the use of
electronic tickets and other documents.
Also requires that airlines maintain adequate insurance for losses or damages and include
provisions for compensating passengers for flight or baggage delays.
Application to international carriage correct answers Montreal convention applies to :
1. Only applies to passengers ticketed for international travel
2. Will not have to prove airline at fault in case of personal injury or death
- all international carriage of persons, baggage and cargo by aircraft in which the place of
departure in the place of destination or in two countries that are party to the convention
- Where are the place of departure in the place of destination or within a single country that is
party to the convention if there is an agreed stopping place in another country even if that other
country is not party to the convention
Air Carrier's Liability for Death or Bodily Injury correct answers Article 17 of the Montreal
convention gets three elements for liability:
- Death or bodily injury
- Resulting from an accident
- on board the aircraft or while embarking or disembarking
Accident correct answers Generally requires that the cause of injury be an event that presents a
risk peculiar to air travel and external to the passenger.
Liability under article 17 correct answers ... of the Warsaw convention arises only if a passengers
injury is caused by an unexpected or unusual event or happening that is external to the passenger.
If it is by the passengers own internal reaction and has not been caused by an accident then this
article cannot be applied
, Carrier correct answers A... it's only liable for damages occurring on board the aircraft or in the
course of any of the operations of embarking or disembarking.
If they were actually in the process of boarding or exiting the aircraft, then the airline is
responsible. The airline would generally not be responsible where the passenger is outside of the
control of airline employees and moving about the terminal.
Special drawing right correct answers The monetary limit of an air carriers liability is set not in
the currency of any one country but in ...
SDR correct answers ... represent an amount equal to a mix of currency values (euro, yen, British
pound, US dollar) developed by the international monetary fund (IMF)
This facilitates an easy conversion from the limits expressed in the convention into any currency
The Montreal convention correct answers ... sets up a two tiered liability system:
1. The carrier is strictly or absolutely liable for all damages from death or bodily injury that can
be proven by the passenger or the representative of their estate in the amount not exceeding
113,100 SDR per passenger, arising out of an accident
2. The carrier is presumed to be liable for all proven damages above 113,100 SDR with no limit
on the amount unless the carrier can show that the damages were not due to its negligence,
willfulness, or other wrongful act or omission or to that of its employees or agents.
Damages correct answers Compensatory damages are not specified in the Montreal convention.
Punitive damages are never allowed under the Montreal convention. Damages for mental
anguish or emotional distress may only be awarded if they actually are caused by bodily injury
Air carriers correct answers The Montreal convention applies only to claims against .. ..
It does not prohibit or govern claims brought against third-party such as the manufacturer of a
defectively designed airplane, the company that serviced or maintained it, the owners of the
airport or other passengers.
Airway bill correct answers Serves as a contract between the consignor and Consigny.
Unlike passengers who are "ticketed", cargo moves pursuant to a transport document called ... ...
Consignor correct answers one who ships goods by common carrier
Shipper
consignee correct answers one to whom goods are shipped by common carrier
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