Carrier Liability for Damage in International Air Cargo Transport: An Analysis of Article 18 of the Montreal Convention with Reference to the Wealmoor Case

This study analyzes recent case law on carrier liability under Article 18 of the Montreal Convention, focusing on Wealmoor Ltd v. KLM. It demonstrates that the notion of an “event” extends beyond a single accident to encompass acts or operations during air carriage that cause damage. Courts increasingly adopt a broad approach to establishing liability while allowing flexible apportionment through defenses and contributory negligence. In international trade, particularly under CPT and CIP terms, determining liability depends on identifying the timing of the relevant event, underscoring the distinction between risk transfer and carrier liability. For perishable or live cargo, integrated risk management—through precise contractual arrangements and adequate insurance—is essential. Nonetheless, the concept of an “event” remains indeterminate and requires further clarification through consistent judicial interpretation.