Liability of Servants or Agents of Carrier

AuthorJohn D. Holding, John S. Hoff
[83 ]
Chapter 8: Liability of Servants or
Agents of Carrier
Servants and agents of t he carrier may avail themselves of t he “con-
ditions and limits of liability” applicable to t he carrier, subject to the
following conditions:
The action must arise from damage to which the Convention
The servants or agents must be acting within the scope of their
There is an exception to this extension of protection in passenger
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 li-
ability for baggage and cargo damage and loss, and for delay.
As t he Convention does not impose liability on the carrier’s ser-
vants or agents, the strict liability monetary limit for passenger death
and injury does not apply to them.
1 Montreal Convention, Art. 30 .

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