Monday, June 10, 2019

Law Of International Insurance contracts Essay Example | Topics and Well Written Essays - 2500 words - 1

Law Of International Insurance contracts - Essay ExampleThe Convention recognized the inherent risks of the aviation industry, thus, it seek to protect the airline companies by putting limitations on its liabilities towards it passengers and cargo.To strike a balance between protecting the interest of the airline companies and protecting the welfare of the passengers, the framers of the Warsaw Convention 1929 instituted provisions that restore the certain terms. Section 17 of the Warsaw convention specifically said that,The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took locating on board the aircraft or in the course of any of the operations of embarking or disembarking. The definition of accident match to the Warsaw Convention has been the subject of galore(postnominal) debates and arguments in and outside of the judicatures for several years. In settling arguments, the courts have defined the word accident in many decided cases both in the united States and the in the United Kingdom. To get a clearer picture of how the courts define the word accident and how this definition has affected the insurable interests of aircrafts and their passengers, let us take a closer look at the leading cases decided by the Courts.The definition of the word accident in the airline industry is the same in both the United States and the United Kingdom. Note that the Warsaw Convention was meant to establish a uniform liability of airline companies towards their passengers thus, the courts, in defining the word accident according to Article 17 of the convention, adopt a more or less interpretation.According to the provisions of the Warsaw Convention, it is not enough that the carrier failed to convince the court that it took all necessary

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.