Hague Protocol to Warsaw Convention: Hearing, 89-11965 - 126 pages |
Common terms and phrases
accident insurance action air carriers Air Lines airlines Airways amended amount Article 28 Association attorneys average aviation accidents benefit BUSCHMANN cargo CHAIRMAN Civil Aeronautics Board claimant committee Congress countries courts crash death denunciation Department domestic domicile favor Federal Aviation Agency flag carriers flight foreign GAIR Hague Protocol HALABY IGIA increase insurance cost insurance legislation Interagency Group international air transportation International Aviation Jane Froman jurisdiction jury KREINDLER lawyers liability insurance liability limits limit of liability litigation MEEKER negligence non-Warsaw Pan American parties passenger fatality passenger injury percent plaintiff problem proposed ratification ratify the Hague recovery require res ipsa loquitur revenue passenger revenue passenger miles Sabena Senator CARLSON Senator CLARK Senator HICKENLOOPER Senator MCCARTHY Senator SPARKMAN settlements SHAW shippers SINCOFF Speiser statement ticket Tipton Trans World Airlines treaty U.S. carriers U.S. citizens U.S. Senate United United Air Lines Warsaw Convention Warsaw limit York
Popular passages
Page 115 - The carrier is not liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.
Page 55 - ARTICLE XIII In Article 25 of the Convention — paragraphs 1 and 2 shall be deleted and replaced by the following : — "The limits of liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result...
Page 11 - In the case of the death of the person liable, an action for damages lies in accordance with the terms of this convention against those legally representing his estate. Article 28 (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the court of the domicile of the carrier or of his principal place of business, or where he has a place of business through which the contract has been made, or before the court...
Page 108 - Rules. 4. Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this article, if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.
Page 5 - Contracting Parties, either before the court of the domicile of the carrier or of his principal place of business, or where he has a place of business through which the contract has been made, or before the court at the place of destination. (2) Questions of procedure shall be governed by the law of the court to which the case is submitted.
Page 5 - The carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court seised of the case, is considered to be equivalent to wilful misconduct.
Page 24 - In the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery.
Page 108 - willful misconduct" was defined in the famous Jane Froman v. Pan American case in 1953 to mean something far more difficult to prove: an intentional act done with either intent to cause damage or recklessly with knowledge that damage would probably result.
Page 36 - American Airlines, Inc. Braniff Airways, Inc. Continental Air Lines, Inc. Delta Air Lines, Inc. Eastern Air Lines, Inc. National Airlines, Inc. Northeast Airlines, Inc. Northwest Airlines, Inc. Trans World Airlines, Inc.
Page 107 - Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Government of each of the High Contracting Parties.