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Question
On a Manila–Sydney international flight, a Philippine carrier, Pacific Skyways, experiences in‑flight medical equipment failure injuring passenger Lena Rivera, a business traveler. Rivera sues Pacific Skyways in Philippine courts, invoking the Montreal Convention as governing law for international carriage of passengers. The carrier 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?