IDEAS home Printed from https://ideas.repec.org/a/eee/jaitra/v1y1994i4p245-249.html
   My bibliography  Save this article

The Warsaw limit: medieval unbreakable and unconscionable

Author

Listed:
  • Haddon-Cave, Charles

Abstract

The role of the Warsaw Convention in the modern world is increasingly under scrutiny. This paper focuses on the carrier's right to limit its liability under Warsaw as amended by the Hague Protocol, and examines three questions in particular. First, what are the origins of limitation of liability? Second, can one can ever really hope to break the limit under Article 25 of the Warsaw Convention? Third, can we really justify limiting passenger claims any longer? The answer to the first question is ‘medieval’ and the (not unsurprising) conclusion on the second and third questions is ‘no’ to each. The notion of breaking the limit is a chimera. And the notion that the present regime of limitation against passenger claims under Warsaw should continue to exist into the 21st century is, to the author's mind (and others), unthinkable. The industry must address the disquiet regarding limitation of passenger claims before the momentum to sweep away all forms of limitation becomes unstoppable.

Suggested Citation

  • Haddon-Cave, Charles, 1994. "The Warsaw limit: medieval unbreakable and unconscionable," Journal of Air Transport Management, Elsevier, vol. 1(4), pages 245-249.
    • Handle: RePEc:eee:jaitra:v:1:y:1994:i:4:p:245-249
    DOI: 10.1016/0969-6997(94)90016-7
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/0969699794900167
    Download Restriction: Full text for ScienceDirect subscribers only
    File URL: https://libkey.io/10.1016/0969-6997(94)90016-7?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:jaitra:v:1:y:1994:i:4:p:245-249. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.journals.elsevier.com/journal-of-air-transport-management/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.