Asked by Shashank Neelam on Sep 29, 2024
Verified
Which of the following was not a consideration when the U.S.Supreme Court decided the case in the text Olympic Airways v.Husain?
A) The definition of "accident" in the Court's earlier precedent
B) The language of the Warsaw Convention
C) Public policy
D) Legislative history
Olympic Airways v. Husain
A legal case in which the U.S. Supreme Court held that an airline could be liable for damages under the Warsaw Convention for failure to assist a passenger leading to the passenger's death.
Warsaw Convention
An international treaty that regulates liability and other legal aspects of international air travel.
Public Policy
Government actions or stances designed to address issues of public concern and promote the welfare of the community as a whole.
- Assess the significance of historical legislation and uncertainty in deciphering statutory texts.
Verified Answer
MD
Memuri Domingueabout 6 hours ago
Final Answer :
D
Explanation :
The Court found that although the flight attendant's refusals were not the sole reason why Hanson died (the smoke itself being a key factor),the refusals were nonetheless a significant link in the causation chain that led to Hanson's death.Given the definition of "accident" in the Court's earlier precedent,the phrasing,the Warsaw Convention,and the underlying public policies supporting it,the Court concluded that the refusals to reseat Hanson constituted an "accident" covered by the Warsaw Convention.
Learning Objectives
- Assess the significance of historical legislation and uncertainty in deciphering statutory texts.