Principles of liability in transportation: from theory to practice in commom law

Document Type : Research Paper

Author

Researcher in Air and Space Law, Space Institute, Iran

Abstract

Although England and the United States are both common law states and their legal systems follow the same rules, each has disregarded certain rules and changed them to suit specific circumstances. For instance, they have both disregarded the common law rule on the insertion of exemption conditions by carriers. Regarding carrier’s liability towards passengers, the United States accepts the highest strict care in this regard whilst the common law only based it on negligence. This therefore proves the hypothesis that common law states may in some respect distance themselves from the legal system that they follow because of the conditions of their pertinent state.

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