Philippine Bar review · Question

Practice question: Under the Montreal Convention

Multiple Choice Medium

Practice question

A carrier proves sole third-party fault under Article 21(2)(b) for passenger bodily injury. It argues that this defense alone cancels liability within the treaty's first-tier threshold. Is that correct?
  1. Yes; Article 21(2) always extinguishes both tiers.
  2. Yes; a third party's fault repeals the entire Convention.
  3. No; third-party fault can never affect excess damages.
  4. Yes; first-tier compensation is payable only after carrier fault is proved.
  5. No; Article 21(2) addresses damages exceeding that threshold, subject separately to Article 20.

Legal references

  • Montreal Convention 1999, authentic treaty text, Articles 18, 20-21 and 25-28, UN Treaty Series volume 2242, No. 39917: https://treaties.un.org/doc/Publication/UNTS/Volume%202242/v2242.pdf
  • ICAO, Montreal Convention administrative package, revised limits effective December 28, 2024: https://www.icao.int/sites/default/files/secretariat/legal/Administrative%20Packages/mtl99_en.pdf

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