Practice question
Under Montreal Convention Article 21(2), how are the two defenses concerning damages above the applicable passenger death-or-injury threshold related?
- The carrier must always prove both together.
- Either defense is presumed merely from an accident.
- They are alternative defenses, each requiring the carrier's proof.
- They apply only to cargo packaging.
- They eliminate Article 20 from the treaty.
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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