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Philippine Bar review · Question

Practice question: Under the Montreal Convention

Multiple Choice Medium

Practice question

An air-carriage contract includes truck delivery from the airport. Cargo damage is discovered after that delivery, and the time of the damaging event is unproved. Which Article 18(4) rule is relevant?
  1. All road movements are conclusively air carriage without exceptions.
  2. Road delivery always eliminates every treaty claim.
  3. The consignee must prove a new contract with the truck driver.
  4. Damage is rebuttably presumed to result from an event during carriage by air.
  5. The air carrier automatically acquires the damaged goods.

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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