Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
An international Manila–London flight operated by Suncrest Airlines (a Philippine carrier) suffers an in-flight equipment malfunction causing serious injuries to passenger Liza Santos, a business traveler. Santos sues Suncrest in Philippine courts, invoking the Montreal Convention as the governing law for international carriage of passengers. Suncrest contends that Montreal applies and that liability is capped per passenger, with defenses available to defeat or reduce liability. (a) Identify the central doctrine governing liability for death or bodily injury to a passenger in international carriage under the Montreal Convention, including the scope of application and the nature of liability. (b) Are the facts within the Montreal Convention’s scope of application? Distinguish between international carriage and domestic transport and explain why. (c) What defenses may the carrier invoke to limit or avoid liability under the Montreal Convention, and what is the burden of proof for each party?