Liability of Servants or Agents of Carrier

• Author: John D. Holding
• Pages: 57-59

Chapter 8: Liability of Servants or

Agents of Carrier

A. MONTREAL CONVENTION

Servants and agents of the carrier may avail themselves of the

“conditions and limits of liability” applicable to the carrier, subject

to the following conditions:

• the action must arise from damage to which the Conven-

tion relates

• the servants or agents must be acting within the scope of

their employment.1

There is an exception to this extension of protection in pas-

senger and baggage claims upon proof that the servant or agent

acted with intent to cause damage, or recklessly with knowledge

that damage would probably result. This exception does not apply

to cargo claims.

The “limits of liability” would include the monetary limits of

liability for baggage and cargo damage and loss, and for delay.

1 Montreal Convention, art. 30.

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