Liability Of Carrier Research Articles

Autóbusszal közlekedő utasokat az Európai Unióban megillető jogok

The European Parliament and the Council adopted new rules for passengers traveling by buses. The 181/2011/EU Regulation concerning the rights of passengers in bus and coach transport developed a strict liability of bus carriers in cases of delay and cancellation. It deals with accidents, the meaning of right to information, handling of complaints, and the non-discrimination and mandatory assistance for disabled persons and persons with reduced mobility.The Regulation is entered into force on March 21st 2013. The article is about to analyze the content and the meaning of these new rules and rights passengers have when they use bus transportation.

Új tendenciák a légi utasok jogainak uniós szabályaiban

Regulation (EC) No 261/2004 depending on the circumstances of the travel disruption, requires air carriers to: provide passengers with assistance, such as meals, refreshments, telephone calls and hotel accommodation; offer re-routing and refunds; pay a flat-rate compensation of up to €600 per passenger, depending on the flight distance; and proactively inform passengers about their rights.Under the Montreal Convention (as translated by Regulation (EC) No 2027/97 into EU law), a passenger may be entitled to compensation in case of mishandled baggage (but with a limit of about €1200), except if the airline can demonstrate it has taken all reasonable measures to avoid the damages or it was impossible to take such measures. Airlines often fail to offer passengers the rights to which they are entitled in instances of denied boarding, long delays, cancellations or mishandled baggage, in particular under Regulation (EC) No 261/2004 ("the Regulation") and Regulation (EC) No 2027/97. Case law has had a decisive impact on the interpretation of the Regulation. The Commission Communication of 11 April 2011 reported on the varying interpretation being taken on the provisions of Regulation (EC) No 261/2004, due to grey zones and gaps in the current text, and the non-uniform enforcement across Member States. Furthermore, it is difficult for passengers to enforce their individual rights. With regard to Regulation (EC) No 261/2004, the European Parliament asks the Commission to propose a clarification of the passengers' rights, in particular the notion of ‘extraordinary circumstances’. On 13 March 2013, the European Commission made a proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing8common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air. This paper takes a closer look at this proposal. The proposal aims to improve enforcement by clarifying key principles and implicit passenger rights that have given rise to many disputes between airlines and passengers in the past; and by enhancing and better coordinating the enforcement policies carried out on a national level. Issues covered by the proposal are the following.
 Definition of "extraordinary circumstances"
 Right to compensation in case of long delays
 Right to rerouting
 Right to care
 Missed connecting flight
 Rescheduling Tarmac delays
 Partial ban of the "no show" policy
 Right to information
 Handling of individual claims and complaints
 Better take into account the financial capacities of the air carriers
 Ensure better enforcement of passenger rights with regard to mishandled baggage
 Adapt liability limits in accordance to general price inflation

Statistical sampling methods of cargo state at the port

It is well known that the statistical sampling methods are effective methods to improve the quality of the products produced by the industry. These methods also form the basis of modern systems of quality management. So arises the question of the possibility to apply statistical sampling methods in rendering material services primarily in the logistics and on transport, as well as in the activity of freight forwarding companies. The application of sampling methods in the shipping process is studied on the example of the particular situation. The role of forwarder and carrier commercial interest which is defined by comparing the costs of survey of cargo loaded on the ship and penaltry for defective goods, charged by the consignee at the port of unloading on the one hand, and the economies of above mentioned penaltries achieved due to the surveyor information about state of the cargo loaded from the other side is determined. The discussed sampling methods of cargo control at the may be useful in the practice of forwarding companies. The application of above mentioned methods may be useful to minimize the risks connected with the carrier liability for the safety of cargo and in this way improve the quality of shipping process management.

Legal Issues on the Air Carrier's Liability for Damage Caused by Delay under the Korean Commercial Code

Legal Issues on the Air Carrier's Liability for Damage Caused by Delay under the Korean Commercial Code

A Legal Appraisal of the Liability of the Actual Air Carrier Under Ethiopian Law

On September 5, 1961, an Ethiopian Airlines aircraft crashed during a flight from Addis Ababa to Asmara. Some people on board the aircraft dead; some others wounded. Though at the time of the accident the aircraft was chartered by a certain petroleum corporation, claims for personal injury and death were brought against Ethiopian Airlines, the owner and operator of the aircraft. The claimants sought relief under the law of carriage by air. Nevertheless, the High Court of Addis Ababa partly rejected the plea and reasoned that the liability of the “actual” carrier may not necessarily be governed by the law of carriage by air.It is now five decades since the High Court of Addis Ababa held that the liability of the actual carrier would sometimes be established based on laws other than the 1929 Warsaw Convention and/or the Commercial Code. In this particular contribution, the liability of the actual carrier in chartered and similar flights is appraised in light of historical and recent developments.

Carrier Responsibility Basis in Islamic Law

Carrier liability in Islamic law is investigated in the present work. The liability systems are classified into four distinct systems: system based on the proved fault, system based on fault supposition, system based on the supposition of responsibility, and system of absolute or mere responsibility. All above systems are observed in Islamic law and there are viewpoint differences among jurisprudents as well as lawyers in the subjectof carrier liability. However the dominant idea is on the carrier liability, i.e. the carrier is responsible and the only way to get rid of responsibility is to declare the damage cause and the loss cannot be related to the carrier. Damage assessment in Islamic law is also investigated.

A study on the legal liability of air carrier in revised Korean Commercial Code 2011

A study on the legal liability of air carrier in revised Korean Commercial Code 2011

(Air Carrier Liability)

Greek Abstract: Αυτό το έγγραφο eργασίας αφορά το θέμα της eυθύνης του αeροπορικού μeταφορέα. Δeίχνeι τη σχeτική νομοθeσία eπ' αυτού του θέματος. English Abstract: This paper is about the liability of air carrier. Shows the law about this subject.

Derailing FELA's Causation Standard: The Supreme Court's Misinterpretation of FELA in McBride and Suggestions to Restrict the Potential for Unlimited Carrier Liability

Derailing FELA's Causation Standard: The Supreme Court's Misinterpretation of FELA in McBride and Suggestions to Restrict the Potential for Unlimited Carrier Liability

A Study on the Ocean Carrier's Liability in Rotterdam Rules

A Study on the Ocean Carrier's Liability in Rotterdam Rules

Duty of delivery of Cargo and Liability of Sea Carrier

Duty of delivery of Cargo and Liability of Sea Carrier

Air carrier liabilities for passengers

The main goal of the Convention for the Unification of Certain Rules Relating to International Transportation by Air (Warsaw Convention) was to establish a legal framework for carriage of passengers, luggage and goods. Since then, various national and international laws have been enacted regulating air carrier's liabilities to passengers and baggage. This paper will discuss the air carrier's liability in the international transportation in the event of accidents to passengers. It will analyse the damages sustained in the event of death, wounding or any other bodily injury to a passenger if the accident in question took place on board an aircraft or during any of the embarking or disembarking operations.

Responsibility and Liability Aspects of the Icelandic Volcanic Eruption

The fallout from the Icelandic volcano in April 2010 brought to bear yet another burden on the airline industry and issues and questions on responsibility for stranded passengers worldwide. The most curious outcome of the closure of airspace over some European States and the subsequent grounding of flights worldwide, resulting in hundreds of thousands of passengers being left to their own devices in instances where the airlines did not, or could not, provide assistance, was the noticeable silence on the part of States concerned with regard to their responsibilities to travelling citizens. Although under ordinary circumstances airlines are liable to look after their passengers, particularly in circumstances within their control, the volcano was completely unexpected and air carriers were faced with State action, which closed the airspace of several European States. This article discusses the nature and effects of a volcanic eruption on aircraft in flight, along with regulatory issues connected thereto and two issues of liability: State liability and air carrier liability, with a focus on European law and practice.

The Rotterdam Rules: Between Hope and Disappointment

In September 2009, the UN Convention on Contracts for International Carriage of Goods Wholly or Partly by Sea —known as the Rotterdam Rules— was opened for signature. When it formally enters into force, the United Nations Commission on International Trade Law (UNCITRAL) will have a single, uniform text which governs all international sea cargo transport as well as multimodal transport contracts that include a sea leg. The present study analyses the challenges and problems which might arise in the application of the Rotterdam Rules, especially with regard to carrier liability

Some Observations on Civil Air Carrier Liability in International Air Carriage - "Accident", "Damage" and Jurisdiction

Some Observations on Civil Air Carrier Liability in International Air Carriage - "Accident", "Damage" and Jurisdiction

CARRIER'S LIABILITY UNDER INTERNATIONAL MARITIME CONVENTIONS AND THE UNCITRAL DRAFT CONVENTION ON CONTRACTS FOR THE INTERNATIONAL CARRIAGE OF GOODS WHOLLY OR PARTLY BY SEA

The UNCITRAL Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea was approved on Thursday, 3 July 2008 and would then be presented to the General Assembly of the United Nations for endorsement later this year. Many innovative features contained in the Draft Convention fill the perceived gaps in existing transport regimes. Carrier's liability compared with international maritime conventions and the Draft Convention as well as China Maritime Code is discussed in the paper. It is pointed out that although the Draft Convention plays a very important role in the development of international private maritime law regime, the entry into the force of the Draft Convention is not optimistic.

The New Structure of the Basis of the Carrier's Liability under the Rotterdam Rules

The New Structure of the Basis of the Carrier's Liability under the Rotterdam Rules

Behind the Numbers : the Limitation on Carrier Liability in the Rotterdam Rules

Behind the Numbers : the Limitation on Carrier Liability in the Rotterdam Rules

Federal Preemption of State Regulation Over Air Ambulances

Federal Preemption of State Regulation Over Air Ambulances

The Montreal Convention 1999 and Nigerian Law: Uncertainty, Uninterrupted

International air carrier liability under Nigerian law has, for some time past, been shrouded in uncertainty because of the ambivalence with which Nigerian courts applied the Warsaw Convention 1929 as regards its exclusivity or otherwise, vis–à–vis actions and remedies. Consequently, it was hoped that the Montreal Convention 1999, which expressly forbids the application of national laws to international air carriage claims would ameliorate the situation. Unfortunately, the passage of the Civil Aviation Act 2006, which gives the Montreal Convention the force of law in Nigeria, also repealed the Warsaw Convention. This article discusses the liability regime under Nigerian law as it stood prior to the Act and the vacuum which has now been created by the repeal of the Warsaw Convention, which means that where the departing or destination country is not a signatory to the Montreal Convention, Nigeria’s national laws must be applied. The article further analyzes pertinent parts of the language of the Montreal Convention and its travaux préparatoires and argues that the provision which robs the Warsaw Convention of the force of law ought to be repealed immediately.