Rajaratnam Illaventhan v Air India (Civil Suit No. 961 of 1996) ((Civil Suit No. 961 of 1996)) [1998] UGHC 10 (21 October 1998);


Search Summary: 

This was an application in negligence and breach of contract.  The plaintiff had booked the flight but was unable to board the flight because the passes were over.  The defendant contended that the plaintiff couldn’t board the flight due to his negligence.

Headnote and Holding: 

The court considered whether or not there was a breach of contract by the defendant Airline, the defendant airline was negligent, the plaintiff is entitled to recover damages and the quantum of damages.

The court held that by offering general damages, the defendant admitted liability.  That by overbooking the flight, they stood a risk of leaving a confirmed passenger which they actually did. In awarding damages, Court should not be swayed by emotions or idiosyncrasies of the parties or of any of them. Courts should look at the circumstances of the loss as the guidelines.


Subscribe to RSS - Negligence