Liability of Servants or Agents of Carrier

• Author: John D. Holding, John S. Hoff
• Pages: 83-85

[83 ]

Chapter 8: Liability of Servants or

Agents of Carrier

A. MONTREAL CONVENTION

Servants and agents of the carrier may avail themselves of the “con-

ditions and limits of liability” applicable to the carrier, subject to the

following conditions:

The action must arise from damage to which the Convention ◆

relates

The servants or agents must be acting within the scope of their ◆

employment1

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 the 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 .