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Question
On an international Manila–Bangkok flight, a Philippine carrier, Oceanic Air, experiences a midflight incident when in-flight medical equipment suddenly malfunctions, causing serious bodily injuries to passenger Andrea Lim, a government employee on assignment. Lim sues Oceanic Air in Philippine courts, invoking the Montreal Convention as governing law for international carriage of passengers. Oceanic Air 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 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?