The University of Southampton
Courses

LAWS6088 Carriage by Air

Module Overview

Each and every one of us is a more or less regular airline passenger and a shipper or receiver of airborne cargo. In 2008 the Airbus A380 took service opening a brand new era for the entire aviation industry and more innovative dreamliners are being designed as we speak. Against this exciting ever-evolving background this course is aimed at providing LLM students with in depth knowledge of the main contractual mechanisms and legal principles which regulate the use of airplanes in the international carriage of goods.

Aims and Objectives

Module Aims

To provide students with knowledge and critical understanding of the law and practice of carriage of goods and passengers by air. In particular the module: • Gives the students the opportunity to explore the national, European and international regulatory framework of air carriage and the duties, rights and liabilities arising from contracts of carriage by air; • Provide the student with the opportunity to acquire in depth knowledge of the legal instruments in this area of commercial law and in particular: statutes and statutory instruments, international and regional conventions, European legislation and contracts for the use of aircrafts and the carriage of goods and passengers; • Encourages the students to develop analytical skills in a highly regulated area of international commercial law which is undergoing unprecedented expansion in an era of double-decker super-aircrafts and law cost regional airlines.

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

  • The national, regional and international legal regulatory framework of carriage of goods and passengers by air
  • The law and contracts related to building, purchasing and financing aircrafts;
  • The law and contracts related to chartering aircrafts;
  • The law of airwaybills, standard contract terms and the input of the IATA;
  • Tortious liabilities arising out of aviation accidents.
Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

  • Analyse and constructively criticise legal materials;
  • Identify key legal principles from case law;
  • Evaluate legal materials from a variety of sources such as journal articles, codes of conduct, reports and policy papers;
  • Communicate effectively the acquired knowledge of issues of carriage by air and present reasoned arguments to peers;
  • Build and present in writing coherent, supported and independent legal opinions on matters related to carriage by air.
Transferable and Generic Skills

Having successfully completed this module you will be able to:

  • Analyse complex commercial texts;
  • Evaluate legal materials and its commercial implications;
  • Understand national, regional and international policies behind legislative change;
  • Develop and support written arguments in an authoritative and supported manner;
  • Organise an aviation claim.

Syllabus

This course explores the national, regional and international legal regulatory framework of carriage of goods and passengers by air, a highly regulated area of international commercial law which is undergoing unprecedented expansion in an era of double-decker super-aircrafts and law cost regional airlines. Among the topics covered are: • Aircraft building, purchase and finance agreements; • Chartering claims under English law; • Aircraft passenger rights and claims under the current EU and international framework; • Cargo claims under airwaybills, standard contract terms and the role of IATA; • Third party claims and damages to the surface.

Learning and Teaching

Teaching and learning methods

Teaching methods include: • Seminars in small groups with advanced reading and research assignments leading to individual or group presentations; • Workshops in small groups focussing on practical problem-solving activities such as passenger and/or cargo claims, chartering claims, arranging aircraft finance agreements or defending air carriers from third parties damage to surface claims. Learning activities include: • Directed advance reading as per lecture modules made available on Blackboard; • Access of on-line resources such as legislation, law reports, journals and materials made available by national, regional and international organisations; • Access to a dedicated virtual library to be made available on Blackboard; • Comprehensive review and analysis of comprehensive national, European and international legislation, national and international policy papers and key case law.

TypeHours
Independent Study260
Teaching40
Total study time300

Resources & Reading list

Clarke, M. (2002). Contracts of carriage by air. 

Martin, P.. Shawcross & Beaumont on Air Law, Vol. 1 – 3. 

Balfour, J. (1995). European Community Air Law. 

Bartlik, M. (2007). The impact of EU Law on the Regulation of International Air Transportation. 

Diederiks-Verschoor, I. (2006). Introduction to Air Law. 

Fountain Court Chambers (2001). Carriage by air. 

Unmack, T. (1999). Civil aviation: standards and liabilities. 

Goldhirsch, L. (2000). The Warsaw Convention Annotated: a legal handbook. 

Assessment

Formative

Mock exam

Summative

MethodPercentage contribution
Examination  (3.5 hours) 100%

Repeat

MethodPercentage contribution
Examination  (3.5 hours) 100%

Referral

MethodPercentage contribution
Examination  (3.5 hours) 100%

Repeat Information

Repeat type: Internal & External

Costs

Costs associated with this module

Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.

In addition to this, students registered for this module typically also have to pay for:

Textbooks

Recommended texts for this module may be available in limited supply in the University Library and students may wish to purchase the core/recommended text as appropriate.

Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at www.calendar.soton.ac.uk.

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