This case has been cited 1 times or more.
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2012-01-16 |
REYES, J. |
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| On the other hand, if the passenger's cause of action for damages against the airline company is based on contractual breach or culpa contractual, it is not necessary that there be evidence of the airline company's fault or negligence. As this Court previously stated in China Air Lines and reiterated in Air France vs. Gillego,[24] "in an action based on a breach of contract of carriage, the aggrieved party does not have to prove that the common carrier was at fault or was negligent. All that he has to prove is the existence of the contract and the fact of its non-performance by the carrier." | |||||