[AirlinesMustPay]

Mr JR, are you not aware of the common law principle in contract law that exclusion clauses on a ticket are not valid unless they have been brought to the attention of the customer prior to his entering of the contract? I would really like to hear an american lawyer tell me that there is not such a principle of law.

If you practice both criminal law and civil law, maybe you have forgotten the principles of contract law.

I have already referred to the subsequent cases that dealt with Lisi, but as I already said, Lisi was modified only to the extent that the Courts now say that the failure to deliver a ticket, does not invalidate the Warsaw Convention which is supreme law. This cannot affect domestic carriage or this particular case.

Courts have many times found airlines in breach of contract for delays notwithstanding this writing on the ticket. I recently referred to the New York case of McMurray v Capitol International airways in another thread dealing with Virgin Australia, In that case the passenger and his wife's flight on Capitol from Brussels to New York that he had paid $300 for was cancelled and he immediately purchased new tickets on another airline for $1065. Capitol offered a refund of the $300 and sought to rely on the conditions of carriage, but the Court found that Capitol was liable to him for the new tickets and awarded him $1,000 the then limit of the New York small claims court.

Judge Thomas Dickerson of New York who while at the bar did many cases involving airlines, has written an article "Flight delays: The airline passengers rights and remedies". It's on the internet. He refers to a number of cases where courts have disregarded this writing on the ticket, albeit that a few courts have agreed that they provided the airline with a defence.

Mr JR have you even done a single case involving airlines and passengers?