Critical Analysis of the Remedies Available to Air Passengers in Nigeria: A Review of Post COVID-19 Era

14 Pages Posted: 9 Dec 2020

See all articles by Bariyima Sylvester Kokpan

Bariyima Sylvester Kokpan

Rivers State University - Department of Jurisprudence and International Law

Date Written: December 9, 2020

Abstract

No matter the sincerity of parties to an agreement, the likely breach of the agreement is a natural probability. Contracts of carriage by air are not immune to breach. The common types of breach are delay in flight time, cancellation of flight, denying passengers boarding, missing or damage luggage, injury to passengers and in extreme cases death of passengers. Whether the breach was avoidable or not as in the outbreak of COVID-19 pandemic, the right of the affected air passengers to some sort of remedies remain almost sacrosanct. The focus of this paper is the remedies available to air passengers in the event of breach of contract of carriage by air in Nigeria as provided in the Nigeria Civil Aviation Act, 2006 and the Nigeria Civil Aviation Regulation, 2015. The approach adopted is critical analysis. The author concludes that the remedies accruable to air passengers in the event of breach are inadequate and incapable of returning passengers to their status quo ante. The author then made some recommendations that would address this inadequacy.

Suggested Citation

Kokpan, Bariyima, Critical Analysis of the Remedies Available to Air Passengers in Nigeria: A Review of Post COVID-19 Era (December 9, 2020). PORT HARCOURT LAW JOURNAL, 2020 , Available at SSRN: https://ssrn.com/abstract=3745755

Bariyima Kokpan (Contact Author)

Rivers State University - Department of Jurisprudence and International Law ( email )

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