Ch. 6

COGSA Per package limitation: _____ per package limitation or freight unit, unless shipper declared and _____ for higher ______ - shipper must be given a fair opportunity to declare the ____ and _____ of the goods beforehand

$500, paid, value, nature, value

Article _____: Air carrier's liability for death or bodily injury requires - death or bodily injury - resulting from an ______ - ______ the aircraft or while _____ or _______

17, accident, on board, embarking, disembarking

Cargo losses: air carrier is liable for damages sustained to cargo under its control up to _____ SDRs per kilo Baggage losses: limited to ______ SDRs for each passenger - both of those limits can be exceeded if the shipper or passenger has declared a _____ _____ on the _____ or baggage The time limit for legal action is within ____ years

19, 1131, higher value, waybill, 2

Warsaw Convention (year _____) - limitations on ______ are very immense. So much so that passengers were hesitant to travel because they did not feel protected - limitations included: damage to cargo about _____ per pound maximum, _______ death or personal injury recovery limit, these may be exceeded if airline is _______ (this is difficult to prove because plaintiff has this burden to prove in court)

1929, liabilities, $10, $75,000, reckless

Montreal convention (year _____) - came out of a push for improvement on air travel ______ - replaces the warsaw convention when ratified (_______ _____ is a party) - only applies to passengers ticketed for ______ travel - will not have to prove airline at fault in case of personal _____ or ______

1999, safety, united states, international, injury, death

Carrier is responsible for (list 3 and explain if necessary) Carrier is not responsible for (list 2 and explain if necessary)

Cargo shortages, stowing cargo, seaworthy ship and crew (before starting journey), errors in navigation, perils of the sea

COGSA is the (full name).... - governs carrier's liability from _____ to ______ - this liability can be extended to ______ companies and ______ under the _____ clauses

Carriage of goods by sea act, Loading, unloading, stevedoring, subcontractors, Himalayan

Case: El Al Israle Airlines Ltd. v. Tseng - Justice ______ wrote the opinion - local law cannot supersede _____ ______ - there is no recovery for ______ trauma, it is not included in the _____ convention - the article 17 element of _____ ____ was missing

Ginsberg, warsaw convention, psychological, warsaw, bodily injury

COGSA applies to carrier liability in a mainly sea trip with any leg of ____ _____ or _____ ______ within one country - does not cover travel from one US _____ to another - does not cover a trip that is mainly in ______

Inline railroad, lake transport, port, land

Case Shaver: didn't fall under the perils clause because the damage was not caused by a _____ _____ or other travesty common while in journey, didn't fall under shores clause because the damage occurred while cargo was in the ______ lines entering the ship (not in warehouse or stationary ground), didn't fall under inchmaree or negligence clauses because these were not _____ _____ in the insurance policyholders bought - rolls of olleRon rule (aka _____ rule): if you are able to save cargo and ship is lost then this will serve as _____ in solidarity to all those who lost _____ and to the _____

Natural disaster, intake (in transit), included clauses, jettison, compensation, cargo, ship master

Case - ZK V Arch: the court held that each yacht was a ______ and carriers liability was limited to _____ because the shipper had fair opportunity to declare higher value but didn't

Package, $500

Marine cargo insurance (carrier not liable in these cases)- name them - damages due to act of God like disastrous natural, events, collisions, stranding, shipwrecks, etc - when merchandise is in warehouse or on land (stationary) prior to being loaded on the boat - beyond errors in navigation -

Perils clause, shore clause, inchmaree clause, negligence clause

History of Maritime Law - Greek island of ____ is where maritime law originated (aka ______ law) - maritime _____ and codes were made after the above all around Europe - rolls of _____ also governed this kind of law

Rhodes, rhodian, courts, oleron

Name the two conventions that cover aviation law and the liability of international _____ _____. Name the topic that covers maritime law.

Warsaw convention and Montreal convention, air carriers, COGSA

Blood clots are or are not considered accidents?

are not

prior to 9/11 you were under the control of airline employees way _______ you are now because of the lack of ______ back then

before, security

A carrier is only responsible for accidents that occur on board the aircraft. Whether a passenger is embarking or disembarking is a ______ question, is the passenger under the _____ of _____ _____? If yes then the carrier is responsible, if no then it is not responsible

factual, control, airline employees

Aviation and maritime law rely heavily on ______ conventions. Maritime law grew out of international customary law used by ______ _____ and developed century after century

international, maritime tribunals

What is an accident? generally requires the injury be caused by some event - ______ to ____ travel - _____ to the passenger this is sometimes not clear. for example, in air france v saks a passengers inner _____ injury was held not to be an accident

peculiar, air, external, ear

Montreal convention of 1999 - courts are still applying _____ from the _____ convention to resolve cases that are now being decided using the Montreal convention - what is considered international travel? an example is a _____ trip ticket from one country to another and then back. this boils down to whether you were ticketed for _______ travel or ______ travel. this becomes controversial when an international flight has a _____ leg and vice versa

precedent, Warsaw, round, international, domestic, domestic

Types of vessels - break bulk - _____ ____ vessel - tanker - ______ (used to carry oil and oil products) - LNG (what does this stand for?) - reefer vessel (what does this carry?) - container - passenger (name two types)

ro ro, crude, liquified natural gas, refrigerated merchandise, ocean liner and cruise

Case: Olympic Airways v Husain - claim airline made was that ______ was not peculiar to air travel because it had nothing to do with it - peculiar to air travel has to do with the operation of the ______/_____ from the staff in it that could result in an accident - accident can occur from _____ or ______ - decision for _______ because it was determined that an accident occurred based on... (give rest of story)

smoking, aircraft, communication, action, inaction, husain, flight attendant's unusual refusal to move the passenger

Montreal convention of 1999 - ______ liable for all damages up to $146,000 approximately. - carrier is presumed liable under ______ for damages above that unless it can prove that these damages are not due to its ________ therefore they are not liable - damages are measured in _____ (combination of strong currencies provided by the IMF) at the time of judgement

strictly, negligence, negligence, SDRs

Usually in line to enter the plane you are under control of airline employees once your ______ has been scanned while when you are leaving you are out of the control of airline employees once you exit the ______ - this is not the case everywhere - in some places the air carrier employees take passengers to collect their _____ which means if an accident happens there, the ______ could be liable

ticket, gate, bags, carrier