Mrs. Lemuria and her daughter Daisy took a HSK flight from the Spring City of State A to the Atlantis Island of State B for a holiday.

Mrs. Lemuria and her daughter Daisy took a HSK flight from the Spring City of State A to the Atlantis Island of State B for a holiday. Spring City is their permanent residence. It was Daisy’s first time to travel by plane. The flight was planned to depart at 10:10am. Mrs. Lemuria and Miss Daisy arrived at the check-in desk at 8:30am and checked their luggage. They had two pieces of check-in luggage and on one piece of carry-on baggage. At 9:00am, they got their boarding pass and luggage claim slips. Later on, passengers were announced that the flight was delayed because of the temporary flight restriction from Air Traffic Control Bureau of State A. Passengers waited in the terminal building for more than 60 minutes. At 11:30am, the plane took off. During the flight, there was severe turbulence at about 13:30pm. Because of the first experience to flight, Miss Daisy was very scared and even had a physiological reaction of nausea. When the turbulence was over and the plane was flying smoothly, Mrs. Lemuria got up and went to the restroom. However, she got tripped by the passenger named Carlos in the front row, who stretched his legs out in the aisle to rest. At that time, Mrs. Lemuria had a bruised knee and a swollen ankle. Her daughter was frightened again and screamed for a while. The flight attendant immediately bandaged Mrs. Lemuria’s knee and reduced swelling on her ankle, and Carlos apologized for his behavior. After getting off the plane, Mrs. Lemuria and her daughter went to the luggage claim area. Unfortunately, their one piece of check-in luggage was lost. It never rains but it pours. Mrs. Lemuria’s ankle had already swollen so badly and she had a terrible pain. So she and her daughter went to the William hospital on the Atlantis Island. The

surgeon there diagnosed that Mrs. Lemuria got a fracture of her ankle and a bruised knee. Consequently, a series of treatment costs incurred. In no mood to go on vacation, Mrs. Lemuria and her daughter left the Atlantis Island of State B, back to Spring City of State A. Miss Daisy was in a state of panic and had nightmares for a long time. At the end of this story, Mrs. Lemuria and her daughter submitted an application to the primary court of Spring City pursuant to the domestic laws of State A and relevant provisions of international conventions. In summary, Mrs. Lemuria and Miss Daisy have asked the primary court of Spring City to rule that: (a) HSK Airlines is liable for the delay. (b) HSK Airlines and Mr. Carlos are liable for Mrs. Lemuria’s ankle injury and mental injury. (c) HSK Airlines is liable for Miss Daisy’s mental injury. (Miss Daisy claimed that her mental injury is accompanied by physical nausea.) (d) HSK Airlines is liable for the loss of Mrs. Lemuria’s checked baggage. For the purposes of this Case, both State A and State B are parties to the following Conventions: (i) The Convention on International Civil Aviation, signed at Chicago on 7 December 1944 (Chicago Convention), including the amendments thereto. (ii) The United Nations Charter, signed at San Francisco on 26 June 1945 (U.N. Charter); (iii) The Convention on the Law of Treaties, signed at Vienna on 23 May 1969; (iv) The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929(Warsaw Convention); (v) The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999(Montreal Convention).

7. Is Miss Daisy’s mental injury compensable ? Is Mrs. Lemuria’s mental injury compensable? Why or why

not? (10 points) 8. Is HSK Airlines liable for the loss of Mrs. Lemuria’s checked baggage? Why or why not?

(10 points)

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