Mr JR
I don't think you know what is going on here. From the time I saw that you practice criminal law, I know that you had no idea what is going on in the law of carriage by air. I have met several lawyers in New York who practice in this area, and they for the most part are civil litigation attorneys and do not practice any criminal law. I get the feeling you didn't even hear of the Lisi (not Lisa) case before I quoted it on this site.
Case law in the United Sates show that courts mostly find that that writing on the ticket is not part of the contract or a valid exclusion clause. It is not a question of proper or improper. It must be brought to the attention the passenger before he enters the contract for it to be binding on him. An no he doesnt have to be told its an airplane or that he is flying to St Louis. He is the one who asked the price of the flight to St Louis. Where did you get that one, from Mickey?
in fact what is seen by the passenger are the departure and arrival points and the date and time. The other writing is in fact an attempt by the airline to exclude liability for delays and cancellations. I asked you if you can tell me that it is not a principle of contract law in America that writing on a ticket that have not been brought to the attention of the passenger and I didn't see your answer. These conditions of carriage on the ticket is neither part of the contract or an exclusion clause binding on the passenger.
In the very case of McMurry v Capitol the airline sought to rely on the fact that the writing was not only on the ticket, but Capitol had filed its conditions of contract with the Civil Aeronautics Board - your very argument .
But that did not impress the New York Court.
So stay with what you know Mr JR. "Your honor my client did not resist arrest. He just kicked the police officer and ran."
Yes I know it's very complex law and very exciting, but its not what we are about here.
Take care and say Hi to Mickey and Shamu for me.
|