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Report No. 85

3.5. Statutory exceptions to principle of fault.-

It may, for example, be noted that in a proceeding governed by the Carriage by Air Act, the plaintiff need not prove negligence. It is for the air carrier to disprove it, by showing either that he had taken all measures to avoid accident, or that it was impossible to take such measures1. It appears2 that Montreal Protocols Nos. 3-4, 1975, which amend the Warsaw Conventions on the subject, make elaborate provisions as to certain other matters. But the principle of strict liability remains unchanged. In fact, liability is exonerated only if death or injury has resulted solely from the state of health of the passenger or if the carrier proves contributory negligence. In the latter case, there is some relaxation in favour of the carrier.

1. Carriage by Air, 1972 (69 of 1972), section 5(i) read with the Schedule, Chapter 3, para. 56.

2. Cf. Carriage by Air and Road Act, 1979 (C. 28), First Schedule, Chapter III, Articles 17 and 23.



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