ABSTRACT
This chapter discusses the historical evolution of tort liability applicable to the Warsaw Convention and examines the incursion of the notion of contract into a regime of pure tortious liability based on fault which was envisaged by the framers of the Warsaw Convention. It explains the reasons why a system of liability which is essentially based on tort law has veered towards being based on contractual agreement, where the claimant and the insurer of the airline concerned can negotiate a settlement based on the claimant’s domicile. Generally, in law, an accusation has to be proved by the person who alleges it. Therefore, a presumption of innocence applies to an accused person until they are proven guilty. However, in the instance of carriage by air of passengers, the airline is presumed liable if a passenger alleges personal injury or if their dependants allege their death as having been caused by the airline.
