[JR in Orlando]

Mr. Barrister, what you overlook is that the issue of time and date are not limitations on tickets, but actual terms of the agreement that directly relate to the service provided by the contract. If a manufacturer sells a machine to a factory and the contract states it includes delivery, but not installation, that is not a limitation but a term of the contract. A limitation would more properly be something not related to the sale and delivery, but a collateral issue - machine must be returned in original packaging to get refund. The same would be true herein, where the contract for carriage (which is the contract, not just the ticket) states that time and date are not part of the contract, thus it is not taking away or limiting anything because the airlines never promised to get one to the destination at that time and date to start with. Certainly you know there is no breach of contract for failing to do an act not originally required by the contract.

LISA dealt with a limitation on the payment for death or injuries which could occur if the plane crashed. It had nothing to do with the actual transportation of the passenger. Such a limitation on a side issue, may have to be pointed out, but certainly not the actual terms relating to the passenger's transportation which are in the contract of carriage.

Additionally, most airline requirements and contract conditions are filed with the DOT so that any passenger or potential passenger has constructive, if not actual knowledge of them. That is sufficient. Following your logic, the airlines would have to point out each and every part of the ticket: "you know you will be flying to St. Louis." "You know you will be on an airplane." That's absurd. I know you have been called to the Bar in Britain, but you may not want to stay so long indulging.

The fact that under certain circumstances courts may have found that airlines did not act in good faith on the contract under the circumstances, does not mean that such contract provisions are in and of themselves improper.

Finally, yes we have wimps and whiners in America, but for the most part we are pretty self sufficient.