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A European View

Published online by Cambridge University Press:  04 July 2016

F. E. Mostyn  and
P. Martin
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Extract

I am to argue in favour of strict liability as against the carrier and to oppose the limitation of damages, arguments which I advance with some satisfaction since I happen also to believe them.

Strict liability is a doctrine more usually associated with the law of tort than the law of contract but as an injury resulting from an air crash is both contractual and tortious (and it even seems at one time to have been decided in America that the Warsaw Convention had itself created a cause of action), even if it be inelegant from a lawyer's point of view, I shall make no distinction between them. There are enough distinctions to be made on this topic without insisting on the lawyer's habit of mind.

Type
Air Law Group
Information
The Aeronautical Journal , Volume 75 , Issue 722 , February 1971 , pp. 85 - 92
Copyright
Copyright © Royal Aeronautical Society 1971 

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References

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