| Commentary

43 Exclusivity

| Commentary

43 Exclusivity

An action for damages under the Montreal Convention and every version of the Warsaw Convention, however founded, can only be brought subject to the conditions and limitations set out therein1. The Montreal Convention makes this point more explicitly than any version of the Warsaw Convention by making it clear that ‘however founded’ embraces claims in contract and tort2. This means that, where a claim exists under the applicable Convention, a claimant cannot assert an alternative claim at common law or under statute so as to circumvent the limitations of the Convention. In Sidhu v British Airways plc3 the

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