Juridical-Legal studies of Airlines' Defenses in Air Accidents (Warsaw-Montreal Convention)

Abstract

Article 20 (1) of the Warsaw-Montreal Convention shall not be liable if the Air transport operator proves that his agents have taken "all necessary measures" to prevent the harm or that such measures have not been possible for his agents. According to this Article, the operator has the right to full defense against any claim. Therefore, if it is proved that, operator has done "all necessary measures" it will not be responsible. It applies to injury, death and delay of passenger, as well as any damage or delay about cargo. On the other hand, in accordance with Article 21, "If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability." All defense which is mentioned at Art 21 and 22 are applicable and compatible in Jurisprudence. The author intends to explain this issue in this essay.

Keywords

• operator's defense cases
• air transport
• air accident
• jurisprudence
• warsaw-montreal convention