Flashcards Studio

A Philippine carrier, Azure Wings Air, operates an international Manila–Paris flight with a scheduled technical stop in Singapore. During the layover, a malfunction in a catering cart in the galley injures passenger Bea Dela Cruz, a by-stander passenger traveling on a business trip. Bea sues Azure Wings Air in Philippine courts, invoking the Montreal Convention as governing law for international carriage of passengers. Azure Wings Air contends 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 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?