Philippine Bar review · Question

Practice question: Under the Montreal Convention

Multiple Choice Medium

Practice question

The carrier proves that a transit authority's action caused only 30% of cargo damage. No other defense is proved. Does Article 18(2) excuse the entire loss?
  1. Yes; any official involvement bars the whole claim.
  2. Yes; the cargo's value becomes zero by law.
  3. No; authority actions are never a cargo defense.
  4. No; the carrier must instead use passenger bodily-injury rules.
  5. No; exoneration extends only to the proved causal portion.

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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