Practice question
A qualifying Montreal accident causes proven passenger bodily-injury damages exceeding 151,880 SDR. The carrier establishes neither Article 21(2) ground concerning absence of its own relevant fault or sole third-party fault, and no other defense applies. It argues that 151,880 SDR is nevertheless an absolute overall cap. Which answer is best?
- The amount is an absolute cap regardless of Article 21(2).
- The claimant is automatically entitled to unlimited punitive damages.
- The amount marks the first tier; damages above it are not categorically barred, and the stipulated failure of the Article 21(2) defenses defeats the asserted absolute-cap argument.
- The injury claim must instead be measured at 26 SDR per kilogram.
- Only a baggage declaration permits any injury recovery.
Legal references
- Montreal Convention (1999), Articles 17, 19–22, treaty text reproduced in Schedule VI, https://lois.justice.gc.ca/eng/acts/C-26/page-7.html?wbdisable=true
- ICAO, Montreal Convention administrative package, 2024 revised limits effective 28 December 2024, https://www.icao.int/sites/default/files/secretariat/legal/Administrative%20Packages/mtl99_en.pdf
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