Mistake Fares in Canada and the United States

ANNALS OF AIR & SPACE LAW, Vol. XL, Institute of Air & Space Law, McGill University, 2016

Queen's University Legal Research Paper No. 069

21 Pages Posted: 6 Feb 2016 Last revised: 7 May 2016

See all articles by Avery Campbell

Avery Campbell

Queen's University, Faculty of Law

Date Written: January 1, 2016

Abstract

Like any business, airlines make mistakes in their pricing and structuring of fares, potentially costing them millions of dollars. Both Canadian and American air transportation regulators have developed regulatory frameworks to deal with airline mistake fares. Each country has taken a different approach. Canada has adopted the common-law rule of unilateral mistake, whereas the United States has created broad and complex rules governing airline mistake fares. This paper provides an overview on the history of airline mistake fares in both countries, and how they are currently regulated. Further, it provides recommendations for regulators on how to create a regulatory framework for future airline mistake fares.

Keywords: Airline mistake fare, error fare, United States, Canada, unilateral mistake, Department of Transportation, Canadian Transportation Agency, consumer protection, fuel dump

Suggested Citation

Campbell, Avery, Mistake Fares in Canada and the United States (January 1, 2016). ANNALS OF AIR & SPACE LAW, Vol. XL, Institute of Air & Space Law, McGill University, 2016; Queen's University Legal Research Paper No. 069. Available at SSRN: https://ssrn.com/abstract=2727403

Avery Campbell (Contact Author)

Queen's University, Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada
6135336000 (Phone)
+1613533600075805 (Fax)

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