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Question
On a scheduled Manila–Singapore international flight, Aurora Airways (a Philippine carrier) experiences a severe turbulence event that leaves passenger Mateo Dela Cruz, a Filipino businessman, with serious bodily injuries. Mateo sues Aurora Airways in Philippine courts, invoking the Montreal Convention as the governing law for international carriage of passengers. Aurora Airways argues that the Montreal Convention 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? 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?