March 26, 2013

Can liability for damages of an Airline for death of an pet animal, be restricted by fine ..answer is no. Reasons->

There are some judgements which say that fine printed terms and condition on tickets or on website of Airline, are binding on passengers.
Personally, I disagree with such views.
In my view liabilities under statues or under common law cannot be overwritten by printed terms unless it is specifically brought to the notice of passenger and acknowledged by him.
The liability of an Airline for damages for death of pet animal is under Law of Tort and therefore it cannot be restricted or contracted out.
As I said earlier, this is my personal view and is not a legal advice.
Haresh Raichura
26/3/2013