Practice question
A passenger dies in an Article 17 accident. The heirs personally committed no wrongful act, but the carrier proves that the deceased passenger's negligence contributed to the damage. Can Article 20 still apply to their claim?
- Yes; Article 20 expressly reaches the passenger's contributory conduct when another person claims for death or injury.
- No; only each heir's personal conduct may ever be considered.
- No; death automatically makes Article 20 inapplicable.
- Yes; but it necessarily erases all liability regardless of causal extent.
- No; Article 20 concerns cargo alone.
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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