Horabin V. British Airways Corpn. (1952) 2 ALL ER 1016 @ 1020 B – D, the term ‘wilful misconduct’ was explained thus: “In order to establish wilful misconduct, the plaintiff must satisfy you that the person who did the act knew at the time that he was doing something wrong, and yet did it, notwithstanding, or alternatively, that he did it quite recklessly, not caring whether he was doing the right thing or the wrong thing, quite regardless of the effects of what he was doing on the safety of the aircraft and of the passengers for which and for whom he was responsible… The element of wilfulness is essential in the present case if the plaintiff is to recover more than the E3,000 odd to which he is admittedly entitled.”
DEFINITION OF WILLFUL MISCONDUCT
Horabin v. BOAC (1952) 2 All ER (1006) as follows – “Misconduct is misconduct which the will is a party and it is wholly different from mere negligence or carelessness, however gross that negligence or carelessness may be… To be guilty of willful 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 evidence in the light of that definition.”