Re: United airlines defences
Posted: Thu Apr 13, 2017 8:11 am
Ian C. Kuzushi wrote:You may be right about them being able to kick people off for no reason, but I doubt it will fly in civil court. They broke their own contract.
I agree. I think UA broke their own contract. Dao was already boarded and not belligerent. A jury whether right or wrong will have sympathy for Dao, as public opinion shows. My guess is this will be settled out of court. United Airlines has already loss. They should have offered Dao $1350 and see if he took the bait. It would have been a lot cheaper for UA, if Dao took it.
An Excerpt from a Newsweek article, WHY UNITED WAS LEGALLY WRONG TO DEPLANE DAVID DAO, http://www.newsweek.com/why-united-were ... dao-583535,
Jens David Ohlin, professor of law at Cornell Law wrote:In contrast, the object and purpose of the contract of carriage is, among other things, to require the airline to transport the passenger from location A to location B aboard aircraft C. Being on the aircraft is the whole point of the contract, and it specifically lists the situations when the airline may deny transport to a ticketed customer.
Since the airline did not comply with those requirements, it should be liable for the damages associated with their breach.
Jens David Ohlin is associate dean for academic affairs and professor of law at Cornell Law.