Product Description
The Canadian Manual of International Air Carriage is a practical guide to the law of international air carriage, particularly as it applies in Canada under the Carriage by Air Act and Canadian judicial authorities. It provides a clear guide to the choice of law and jurisdiction in any specific carriage and explains the legal provisions and principles applicable to a contract of air carriage in given circumstances. The book draws together the numerous and disparate provisions of the treaties governing air carriage into a coherent, organized, and easily accessible framework for the analysis of legal claims and the conduct of international air carriage litigation in Canada.
Specialists in aviation law will find this a useful book for easy reference. The book will also serve as a practical guide to practitioners without extensive experience in this field when they are advising clients and handling litigation. Finally, jurists, arbitrators, mediators, and members of the aviation and insurance communities will find it helpful when dealing with claims and losses arising from international air carriage.
Preface
Chapter 1: Introduction
A) Historical Overview
B) Exclusive Application of Convention Law
C) Judicial Interpretation
Chapter 2: Scope of Application of Montreal and Warsaw Conventions
A) International Air Carriage Defined
B) Determination of the Rules Governing a Specific Carriage
Chapter 3: Passenger Liability Under the Montreal Convention
A) Death and Bodily Injury
B) Baggage Loss and Damage
C) Liability for Delay
D) Documents of Carriage
Chapter 4: Passenger Liability Under the Warsaw Convention
A) Death and Bodily Injury
B) Baggage Loss and Damage
C) Liability for Delay
D) Documents of Carriage
Chapter 5: Cargo Liability
A) Ambit of Liability
B) Defences
C) Monetary Limits
D) Liability for Delay
E) Claims Procedure
F) Documents of Carriage
Chapter 6: Liability of Successive Carriers
A) General
B) Passenger Compensation
C) Baggage and Cargo
D) Liability Between Carriers
Chapter 7: Carriage by Contracting/Actual Carriers
A) General
B) Liability of the Carriers
C) Claims Against the Carriers
D) Jurisdiction
Chapter 8: Liability of Servants and Agents of Carrier
A) Montreal Convention
B) Warsaw Convention
Chapter 9: Actions Commenced Under the Conventions
A) Jurisdiction
B) Limitation of Actions
C) Fatal Accident Actions in Canada
D) Pre-Judgement Interest
E) Costs
F) Conversion of Monetary Units
Appendix A: Consolidated Carriage by Air Act
Schedule I: Warsaw Convention 1929
Schedule II: Provisions as to Liability of Carrier in the Event of Death of a Passenger
Schedule III: Hague Protocol 1955
Schedule IV: Montreal Protocal NO. 4 1975
Schedule V: Guadalajara Supplementary Convention 1961
Schedule VI: Montreal Convention 1999
Appendix B: Chart of States Parties to the Conventions
Appendix C: Unified Text of Warsaw Convention, Hague Protocol, and Montreal Protocol No. 4
Appendix D: IATA Intercarrier Agreement 1996 and List of Signatory Carriers
