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Old Mar 1, 2009, 12:39 AM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
Join Date: Mar 2008
Location: Nearest Airports: COD, BIL, WRL
Posts: 577
Default Contracts of Carriage: NOT "anything goes"

My main objection is the sheer unfairness of the contract terms, in favour of the airline.

As I've indicated in previous posts Contracts of Carriage can be intrepeted (by the Courts) more liberally, in favor of the customer, if the customer contests a given provision (usually in Small Claims Court.) The reason, again, is that these contracts are "Contracts of Adhesion." Unlike a conventional contract, the customer has no input into the provisions of a Contract of Adhesion. The problem arises as to the degree of unfairness, or "unconscionability," which a given Court will allow. This can vary from one state to the next. However, all courts do have SOME threshold which, if crossed, renders a given provision "unconscionable," and therefor, illegal.

Last edited by Butch Cassidy Slept Here; Mar 1, 2009 at 12:42 AM.