Horabin v British Overseas Airways Corporation
| Jurisdiction | England & Wales |
| Date | 1952 |
| Year | 1952 |
| Court | Queen's Bench Division |
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27 cases
- Graham v Tessdale
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Nugent and Another v Michael Goss Aviation Ltd and Others
...focused on the carrier's appreciation or awareness at the time of the conduct in question that it was wrongful. Thus, in Horabin v. British Overseas Airways Corporation [1952] 2 All ER 1016, Barry J, in summing up to a civil jury, directed them, at 1019F-G, 1020D and 1022E-F: 29 " Wilful mi......
- Deep Vein Thrombosis and Air Travel Group Litigation; Re
- Bart v British West Indian Airways Ltd
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3 books & journal articles
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Admiralty, Shipping and Aviation Law
...The term ‘wilful misconduct’ has been defined in a number of English cases. In Horabin v British Overseas Airways Corporation[1952] 2 All ER 1016 at 1019 and 1020, Barry J, in his direction to the jury, defined wilful misconduct as: … misconduct to which the will is a party, and it is wholl......
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BREAKING CONVENTION: WHEN IS A CARRIER’S LIMIT OF LIABILITY UNDER THE WARSAW CONVENTION BROKEN? BEYOND BERYL CLAIRE CLARKE & ORS V SILKAIR (SINGAPORE) PTE LTD1
...v Monarch Airlines Ltd[1981] AC 251. 29 Article 25(2). 30 Thomas Cook Group v Air Malta Co [1997] 2 Lloyd’s Rep 399 at 408. 31 [1952] 2 All ER 1016, at 1019 to 1020. 32 [1997] 2 Lloyd’s Rep 399. 33 The carrier would also not be able to limit his liability if there were defects in ticketing ......
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WILFUL MISCONDUCT
..."In the case of: Horabin v. British Airways Corpn. (1952) 2 All ER 1016 @ 1020 B - D. the term wilful misconduct was explained thus: "In order to establish wilful misconduct; the plaintiff must satisfy you that the person who did the act knew at the time that he was doing something wrong,......