Philippine Bar review · Question

Practice question: Under the Montreal Convention

Multiple Choice Easy

Practice question

Under Montreal Convention Article 28, an advance payment after an aircraft accident resulting in passenger injury has what effect on liability?
  1. It does not itself constitute recognition of liability.
  2. It conclusively admits every allegation in a later suit.
  3. It eliminates the passenger's right to damages.
  4. It automatically establishes punitive damages.
  5. It makes the payment recipient the aircraft owner.

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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