ABSTRACT
Liability for such damage usually arises in tort or under an Act in the absence of any contract. It is possible that a contractual relationship also exists where for example an aircraft damages by jet blast a surface vehicle providing ground handling services to it under contract. The significance of the differing definitions is that strict liability of the 1952 Convention only applies while the aircraft is “in flight” as defined by such Convention. Liability for other damage may be in negligence only. The limit of liability is 500,000 francs for an aircraft weighing 100,000 kg or less and is 10,500,000 francs plus 100 francs per kg over 50,000 kg for aircraft weighing more than 50,000 kg, with intermediate limits depending on the weight of the aircraft. Concerning aircraft registered as property of a State, liability devolves on the person entrusted with the operation of the aircraft. The wording is amended on apportionment where claims exceed the limit of liability.
