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Question
Crescent Air, a Philippine-registered carrier, conducts international carriage by air from Manila to London. Passenger Aira Santos checks a suitcase containing a digital camera valued at PHP 180,000. She declares a higher value at check-in of PHP 160,000 and pays the applicable surcharge. The suitcase is damaged in transit. Crescent Air invokes the Montreal Convention and its contract of carriage to limit liability. (a) Identify the central doctrinal issue governing liability for damage to checked baggage in international carriage by air under the Montreal Convention. (b) Apply to the facts: Is Crescent Air liable to Aira for the damage to her checked baggage? If liable, set out the elements Aira must prove and the extent of liability; discuss any defenses Crescent Air may raise under the Montreal Convention; conclude.