Airway International, Inc., is a commercial passenger airline. Airway includes on its tickets a clause that states the airline is not liable for any injury to, or the death of, any passenger caused by its, or its employees', negligence. An Airway flight from Boston to New York crashes into Long Island sound, resulting in the deaths of all passengers. The cause of the accident is found to be due to Airway's negligence. Based on the clause on its tickets, can Airway avoid liability?
What will be an ideal response?
Airway cannot avoid liability for the deaths of the passengers in an accident that is found to be due to the airline's negligence. Generally, an exculpatory clause¾like the clause in this problem, attempting to absolve a party of negligence or some other wrong¾is not enforceable if the party seeking its enforcement is involved in a business important to the public as a matter of practical necessity. Such businesses include airlines. Because of the essential nature of their services, airlines have an advantage in bargaining strength and could insist that anyone contracting for their services agree not to hold them liable.
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What will be an ideal response?