Liability of Servants or Agents of Carrier

AuthorJohn D. Holding
Chapter 8: Liability of Servants or
Agents of Carrier
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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