Horabin v BOAC (1952) 2 All ER 1016 at 1020 as follows: “Wilful misconduct is misconduct to which the will is a party and it is wholly different in kind from mere negligence or carelessness, however gross that negligence or carelessness may be… To be guilty of wilful misconduct, the person concerned must appreciate that he is acting wrongfully, or is wrongfully omitting to act, and yet persists in so acting or omitting to act regardless of the consequences, or acts or omits to act with reckless indifference as to what the result may be; all the problems… must be considered in the light of that definition.”
WARSAW CONVENTION LIMIT DOES NOT APPLY WHERE WILLFUL MISCONDUCT
Indeed in all other cases spelt out in the Convention the limits on liability must be followed but where there is breach of contract of such a magnitude that it amounts to a willful act, a willful misconduct the limits are no longer applicable. – Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004 Was this...