1. Air Law1

2. 1st Case 2 3. Mr Mohamed and his wife Marwa work in Jeddah Saudi Arabia. Theybooked two tickets to Egypt on EgyptAir Airlines through the companywebsite. They decided to take with them their kids Mido, Zizo and Mizo inorder to see their grandparents. They have also shipped a refrigerator, a fanand a washing machine on the same flight. On the departure day and afterentering the airport Mohamed failed on the stairs and broke his leg. Due to his bad manners, Mizo has been slapped by one of the passengercausing him a bodily injury. Zizo didnt respect the fasten seat bilt sign andhit his head hardly with the front seat. And upon arrival to Cairo, Midoslipped inside the airport building and broke his arm. When Marwa checkedthe luggage, she found that the fan had been lost, and also Mohamed didnot find his lap top that he carried with him on board of the flight.Moreover, Marwa discovered that she suffers a nervous breakdown as aresult of turbulence during the flight. 3 4. Mr.Mohamed failed on the stairs and broke his leg afterentering the Airport on the departure day.When must the accident take place?According to Art 17 of Montreal convention the carrier shallbe liable for damages sustained in the event of the death or wounding of apassenger or any other bodily injury suffered by a passenger, if the accidentwhich caused the damage so sustained took place on board the aircraft or inthe course of any of the operations of embarking or disembarking. In this case the carrier will not be liable. Because Mr.Mohamedfailed on the stairs inside the airport and he didnt fail inside the flight orduring the embarking or disembarking.4 5. Mr.Mohamed and his wife Marwa booked two tickets toEgypt on EgyptAir Airlines through the company website. Theydecided to take with them their kids Mido, Zizo and Mizo. The liability of the carrier in case of default inticketing.According to the second paragraph in Art.3(2) ofWarsaw convention "if the carrier accepts a passenger without apassenger ticket having been delivered, he shall not avail himself ofthose provisions of the convention which exclude or limit his liability.Therefore the carrier will have unlimited liability.5 6. 6 7. Mizo has been slapped by one of the passengers causinghim a bodily injury. Is the carrier liable for the body injuryresulting from Passenger-to-Passenger Interactions? The carrier is not liable for one passengers assaulton the other passenger, because these interactions are not part ofthe normal operations of the aircraft and are therefore notcovered by the word accident under Article 17.The carrier is not liable for the bodily injury of Mizo.7 8. 8 9. Zizo hit his head hardly with the front seat because hedidnt respect the fasten seat belt sign.Is the carrier liable for the body injuryresulting of the passengers negligence? According to Art.21 of Warsaw convention if thedamages was caused by or contributed to the negligence of theinjured person, the carrier may be exonerated wholly or partlyfrom his liability. The carrier is not liable, as the accident resultedfrom the negligence of the passenger (Zizo); as he didnt respectthe fasten seat belt sign.9 10. Mido slipped inside the airport building and broke his arm. When must the accident take place? According to Art.17 of Warsaw convention thecarrier shall be liable for damages sustained in the event of thedeath or wounding of a passenger or any other bodily injurysuffered by a passenger, if the accident which caused the damageso sustained took place on board the aircraft or in the course ofany of the operations of embarking or disembarking. In this case the carrier is not liable for this injury, asthe accident which cause the damages took place inside theairport building.10 11. Marwa found that the fan she had shipped, had been lost.The Carriers liability in the case of checkedand unchecked luggage. With respect to baggage, the airline is liable forlost, damaged or destroyed baggage according to the Warsawconvention.- According to Art. 18 of Warsaw convention, the carrier is liable fordamages sustained in the event of loss or destruction to anyregistered luggage during the carriage by air. The carrier is liable because the fan was shipped anddue to the airlines negligence the fan had been lost.11 12. 12 13. Mr.Mohamed did not find his lap top that he carried withhim on board of the flight. Is the carrier liable in case of damages or lossof luggage which was with the passenger on board of the flight? According to Art. 18 of Warsaw convention, thecarrier is liable for damages sustained in the event of loss ordestruction to any registered luggage during the carriage by air.The carrier will not be liable for the loss of the laptop, because the lap top is unchecked luggage, and the carrier isonly liable for checked or registered luggage and goods.13 14. 14 15. Marwa discovered that she suffers a nervous breakdownas a result of turbulence during the flight. The liability of the carrier in case ofemotional damages. The emotional injuries are not recoverable underWarsaw and Montreal conventions unless there is some conditionswhich are not existing in this case. The carrier is not liable for nervous breakdown whichMarwa had suffered (because the nervous breakdown isconsidered as an emotional injury).15 16. 2nd Case 16 17. Lolita, Rosita, Fahita and labinta decided to go to Chicago. They bookedfour tickets on Swissair airlines, Cairo - Paris - Chicago, on 20 June 2010with arrival date 22 of June 2010. At departure airport, Lolita discovered that her seat has beenoverbooked and that she had to take the next flight. Due to a dispute withthe carrier agent on the charge for excess luggage Labinta missed theflight. Fahita was also wounded by a hypodermic needle from the cushionof her seat. Rosita had shipped on the same flight a model design of anew residence that she would like to build for TORA high class prisonersin Egypt. At arrival to the final destination, on the, she discovered that themodel has been damaged. She claimed on the 21 on June 2012, acompensation for loss of work hours, the value of the model, the missingof the first prize, the loss of her reputation as an architect.17 18. Lolita discovered that her seat has been overbooked andthat she had to take the next flight.Does bumping constitute delay or non-performance of the contract? There are to aspects in this regard :The first aspect: The bumping constitutes delay in this case: The carrier will be liable if he engaged in willful misconduct. But, if the carrier took all necessary measures to avoid the damagesor it was impossible for him to take such measures, he wont be liable.The second aspect: The bumping constitutes non- performance in thiscase bumping is not covered by warsaw convention, accordingly in thiscase the carrier isnt liable under Warsaw convention and the injuredparty will have a remedy under his national law.18 19. Labanita missed the flight due to a dispute with the carrieragent on the charge for excess luggage.Is the carrier liable in case of passengers fault ?Art 20 of Montreal convention as well as art. 21 ofwarsaw convention stated that, if the carrier proved that thedamages caused by or contribute in its happening to thenegligence, fault or omission of the passenger who claimcompensation, the carrier will be exempted totally or partly fromresponsibility towards the claimant as much as that negligence, faultor omission causes damages. The carrier will not be liable, as labinta has committeda fault when she had a dispute with the carrier agent on the chargefor excess luggage, therefore she missed the flight.19 20. Fahita was wounded by a hypodermic needle from thecushion of her seat.Is the carrier liable in case of bodily injury? Article 21.1 of the Montreal Convention providesthat the carrier is liable without proof of fault, in the event ofdeath or bodily injury of a passenger caused by an accident onboard of the aircraft or during any of the operations of embarkingor disembarking.The carrier is liable in this accident as Fahita was onboard of the aircraft and she has been wounded by hypodermicneedle from the cushion of her seat. 20 21. Rosita discovered that the model design of new residencethat she would like to build for TORA high class prisoners in Egyptand had shipped on the flight, has been damaged.The carriers liability in case of checked &unchecked baggage.According to Art.18 of Warsaw convention " thecarrier is liable for damages sustained in the event of the loss ordestruction to any registered luggage (checked luggage) duringcarriage by air.In this case, the carrier will be liable for the damagesof the model design. 21 22. Rosita booked a ticket to travel on 20 june with arrival date22 june 2010 and she claimed on the 21 of June 2012 acompensation. What is the prescription for the suit to be filed? The suit must be commenced within 2 years from:1- The date of arrival of destination.2- The date the aircraft should have arrived.3- The date the transportation stopped.The carrier will be liable because Rosita filled her suit on21 June 2012 within 2 years from the date of arrival of destinationwhich was 22 June 2010.Therefore the carrier will be liable for the damages of the model design. 22 23. - Eman Gamel- Aya Aly- Ramy El Sayed- Muhamed Samy- Shahenda- Amira ZaghloulProf. Yassin El-Shazly 23