Aviation law

by | Aug 11, 2021 | Assignment Help

Write the following essay on aviation law: warsaw convention. Furthermore, each and every article, irrespective of whether it has been checked or not is deemed to be baggage under the new Convention. This initiative enables passengers to easily recover compensation for damage to carry on items1. The Warsaw ConventionÂ’s wording had been ambiguous, and the courts had frequently found it very difficult to interpret it in the interests of passengers. This situation made it seem that passengers could not obtain compensation for damages caused to their articles. The wording of the Montreal Convention provides a clear understanding to passengers. regarding the interpretation of certain provisions, which can be made by the courts in the event of a dispute. It also resolved the important issue of liability of the carrier, in the context of injuries to or death of its staff or agents2. Hitherto fore, there had been considerable confusion among member countries, regarding the position of servants and agents of carriers. It was unclear, whether these individuals could claim compensation for damages under the provisions of the Warsaw Convention. The Montreal Convention had successfully resolved these conflicts. As such, it provides a clear understanding of the rights and obligations of passengers and carriers3. Liability can be circumvented by a carrier, under Article 20 of the Warsaw Convention, provided it can be established that the carrier and its agents had taken all the essential precautions to avoid damage, or that it had not been possible to adopt such measures. However, Protocol No. 4 of the Montreal Convention 2000 limits this defense to delays that result in loss or damage of goods. Moreover, the Warsaw Convention holds the carrier liable for damage caused by delay in transport4.

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