The Note argues that punitive damages should be recovered under the Warsaw Convention in cases of wilful misconduct.The Note traces the history and intentions of the drafters of the Pact, analyzes the legal controversy in the U.S. courts concerning the recoverability of punitive damages in similar cases, and concludes that the threat of punitive damages may encourage air carriers to improve safety conditions in international transportation.
Barbara J. Buono,
The Recoverability of Punitive Damages Under the Warsaw Convention in Cases of Wilful Misconduct: Is the Sky the Limit?,
13 Fordham Int'l L.J. 570
Available at: http://ir.lawnet.fordham.edu/ilj/vol13/iss4/6