Faculty of Law

1. Air Law
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2. 1st Case
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3. • Mr Mohamed and his wife Marwa work in Jeddah Saudi Arabia. They
booked two tickets to Egypt on EgyptAir Airlines through the company
website. They decided to take with them their kids Mido, Zizo and Mizo in
order to see their grandparents. They have also shipped a refrigerator, a fan
and a washing machine on the same flight. On the departure day and after
entering the airport Mohamed failed on the stairs and broke his leg.
• Due to his bad manners, Mizo has been slapped by one of the passenger
causing him a bodily injury. Zizo didn’t respect the fasten seat bilt sign and
hit his head hardly with the front seat. And upon arrival to Cairo, Mido
slipped inside the airport building and broke his arm. When Marwa checked
the luggage, she found that the fan had been lost, and also Mohamed did
not find his lap top that he carried with him on board of the flight.
Moreover, Marwa discovered that she suffers a nervous breakdown as a
result of turbulence during the flight. 3

4. Mr.Mohamed failed on the stairs and broke his leg after
entering the Airport on the departure day.
When must the accident take place?
According to Art 17 of Montreal convention the carrier shall
be liable for damages sustained in the event of the death or wounding of a
passenger or any other bodily injury suffered by a passenger, if the accident
which caused the damage so sustained took place on board the aircraft or in
the course of any of the operations of embarking or disembarking.”
In this case the carrier will not be liable. Because Mr.Mohamed
failed on the stairs inside the airport and he didn’t fail inside the flight or
during the embarking or disembarking.
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5. Mr.Mohamed and his wife Marwa booked two tickets to
Egypt on EgyptAir Airlines through the company website. They
decided to take with them their kids Mido, Zizo and Mizo.
The liability of the carrier in case of default in
ticketing.
According to the second paragraph in Art.3(2) of
Warsaw convention "if the carrier accepts a passenger without a
passenger ticket having been delivered, he shall not avail himself of
those provisions of the convention which exclude or limit his liability.“
Therefore the carrier will have unlimited liability.
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7. Mizo has been slapped by one of the passengers causing
him a bodily injury.
Is the carrier liable for the body injury
resulting from Passenger-to-Passenger Interactions?
The carrier is not liable for one passenger’s assault
on the other passenger, because these interactions are not part of
the normal operations of the aircraft and are therefore not
covered by the word “accident” under Article 17.
The carrier is not liable for the bodily injury of Mizo.
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9. Zizo hit his head hardly with the front seat because he
didn’t respect the fasten seat belt sign.
Is the carrier liable for the body injury
resulting of the passenger’s negligence?
According to Art.21 of Warsaw convention if the
damages was caused by or contributed to the negligence of the
injured person, the carrier may be exonerated wholly or partly
from his liability.
The carrier is not liable, as the accident resulted
from the negligence of the passenger (Zizo); as he didn’t respect
the fasten seat belt sign.
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10. Mido slipped inside the airport building and broke his arm.
When must the accident take place?
According to Art.17 of Warsaw convention the
carrier shall be liable for damages sustained in the event of the
death or wounding of a passenger or any other bodily injury
suffered by a passenger, if the accident which caused the damage
so sustained took place on board the aircraft or in the course of
any of the operations of embarking or disembarking.”
In this case the carrier is not liable for this injury, as
the accident which cause the damages took place inside the
airport building.
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11. Marwa found that the fan she had shipped, had been lost.
The Carrier’s liability in the case of checked
and unchecked luggage.
With respect to baggage, the airline is liable for lost,
damaged or destroyed baggage according to the Warsaw
convention.
- According to Art. 18 of Warsaw convention, the carrier is liable for
damages sustained in the event of loss or destruction to any
registered luggage during the carriage by air.
The carrier is liable because the fan was shipped and
due to the airline’s negligence the fan had been lost.
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13. Mr.Mohamed did not find his lap top that he carried with
him on board of the flight.
Is the carrier liable in case of damages or loss
of luggage which was with the passenger on board of the flight?
According to Art. 18 of Warsaw convention, the
carrier is liable for damages sustained in the event of loss or
destruction to any registered luggage during the carriage by air.
The carrier will not be liable for the loss of the lap
top, because the lap top is unchecked luggage, and the carrier is
only liable for checked or registered luggage and goods.
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15. Marwa discovered that she suffers a nervous breakdown
as a result of turbulence during the flight.
The liability of the carrier in case of
emotional damages.
The emotional injuries are not recoverable under
Warsaw and Montreal conventions unless there is some conditions
which are not existing in this case.
The carrier is not liable for nervous breakdown which
Marwa had suffered (because the nervous breakdown is
considered as an emotional injury).
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16. 2nd Case
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17. • Lolita, Rosita, Fahita and labinta decided to go to Chicago. They booked
four tickets on Swissair airlines, Cairo - Paris - Chicago, on 20 June 2010
with arrival date 22 of June 2010.
• At departure airport, Lolita discovered that her seat has been
overbooked and that she had to take the next flight. Due to a dispute with
the carrier agent on the charge for excess luggage Labinta missed the
flight. Fahita was also wounded by a hypodermic needle from the cushion
of her seat. Rosita had shipped on the same flight a model design of a
new residence that she would like to build for TORA high class prisoners
in Egypt. At arrival to the final destination, on the, she discovered that the
model has been damaged. She claimed on the 21 on June 2012, a
compensation for loss of work hours, the value of the model, the missing
of the first prize, the loss of her reputation as an architect.
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18. Lolita discovered that her seat has been overbooked and
that she had to take the next flight.
Does bumping constitute delay or non-
performance of the contract?
There are to aspects in this regard :
The first aspect: The bumping constitutes delay in this case:
• The carrier will be liable if he engaged in willful misconduct.
• But, if the carrier took all necessary measures to avoid the damages
or it was impossible for him to take such measures, he won't be liable.
The second aspect: The bumping constitutes non- performance in this
case bumping is not covered by warsaw convention, accordingly in this
case the carrier isn’t liable under Warsaw convention and the injured
party will have a remedy under his national law. 18

19. Labanita missed the flight due to a dispute with the carrier
agent on the charge for excess luggage.
Is the carrier liable in case of passenger’s fault ?
Art 20 of Montreal convention as well as art. 21 of
warsaw convention stated that, if the carrier proved that the
damages caused by or contribute in its happening to the negligence,
fault or omission of the passenger who claim compensation, the
carrier will be exempted totally or partly from responsibility towards
the claimant as much as that negligence, fault or omission causes
damages.
The carrier will not be liable, as labinta has committed
a fault when she had a dispute with the carrier agent on the charge
for excess luggage, therefore she missed the flight. 19

20. Fahita was wounded by a hypodermic needle from the
cushion of her seat.
Is the carrier liable in case of bodily injury?
Article 21.1 of the Montreal Convention provides
that the carrier is liable without proof of fault, in the event of
death or bodily injury of a passenger caused by an accident on
board of the aircraft or during any of the operations of embarking
or disembarking.
The carrier is liable in this accident as Fahita was on
board of the aircraft and she has been wounded by hypodermic
needle from the cushion of her seat.
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21. Rosita discovered that the model design of new residence
that she would like to build for TORA high class prisoners in Egypt
and had shipped on the flight, has been damaged.
The carrier’s liability in case of checked &
unchecked baggage.
According to Art.18 of Warsaw convention " the
carrier is liable for damages sustained in the event of the loss or
destruction to any registered luggage (checked luggage) during
carriage by air.
In this case, the carrier will be liable for the damages
of the model design.
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22. Rosita booked a ticket to travel on 20 june with arrival date
22 june 2010 and she claimed on the 21 of June 2012 a
compensation.
What is the prescription for the suit to be filed?
The suit must be commenced within 2 years from:
1- The date of arrival of destination.
2- The date the aircraft should have arrived.
3- The date the transportation stopped.
The carrier will be liable because Rosita filled her suit on
21 June 2012 within 2 years from the date of arrival of destination
which was 22 June 2010.
Therefore the carrier will be liable for the damages of the model design.
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23. - Eman Gamel
- Aya Aly
- Ramy El Sayed
- Muhamed Samy
- Shahenda
- Amira Zaghloul
Prof. Yassin El-Shazly
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