Willful misconduct is a deliberate wrongly acts by a pilot, airline staff, or its agent which gives rise to a claim for damages by passengers. When staff of an airline act with reckless indifference, such unacceptable behaviour especially by a professional person amounts to willful misconduct. A Pilot that lands his plane without clearance from the control tower to my mind is guilty of willful misconduct, and both courts below were correct to so find. The position of the law is that concurrent findings of fact by the courts below would not be upset by this court except they are perverse or cannot be supported from the evidence before the court or there is/was miscarriage of justice, or violation of some principle of law or procedure.
– Rhodes-Vivour JSC. Harka v. Keazor (2011) – SC.262/2005