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      The Exclusion of Liability for Emotional Harm to Passengers in the Warsaw and Montréal Convention: Moving Away from Floyd, Siddhu and Pienaar to the Stott Case?

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          Abstract

          This contribution focuses on the transport of passengers on international routes and the legal regime set down by the Warsaw Convention of 1929 and reinforced by the Montréal Convention of 1999. These Conventions regulate commercial aviation by detailing a set of minimum standardised procedures for flight safety, such as standards for air navigation systems, amongst others, to ensure safe and efficient air travel. The legal regime also regulates the possible claims that may be made against airlines for the death of or harm to passengers, as well as relating to damage to and loss of baggage. The regime not only limits claims temporally and by location, but it also excludes the application of national legal regimes. With regard to claims of harm to dignity the regime disallows such claims to be brought within the restrictions placed by the legal regimes or on any other basis. The contribution does not address the full coverage of these Conventions, only the exclusion of mental / emotional injuries. The Convention excludes emotional harm from the definition of death and physical harm. However claimants have brought claims to undermine the main exclusion of claims with regard to compensation for emotional harm. This contribution explores the exclusion of claims in the Warsaw and Montréal Conventions and thereafter analyses two court decisions in common law countries where this exclusion of claims was challenged and the challenge failed.

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          Most cited references5

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          Contracting Parties to the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 and the Protocol Modifying the Said Convention Signed at The Hague on 28 September 1955

          (2022)
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            "Mental Distress in Aviation Claims - Emergent Trends" 2000

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              "Dualism, Science and the Law: The Treatment of THE Mind-Body Dichotomy Under Article 17 of the Montreal Convention"

              H Chouest (2009)
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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                Publication of North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
                1727-3781
                2017
                : 20
                : 1
                : 1-19
                Affiliations
                [01] orgnameUniversity of South Africa South Africa
                Article
                S1727-37812017000100003
                10.17159/1727-3781/2017/v20n0a827
                19a358ba-6e1d-4b62-9fbd-12abe4137a72

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 5, Pages: 19
                Product
                Product Information: website

                Dignity, strict liability, limitation of liability

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