Common use of Numerous Modifications Clause in Contracts

Numerous Modifications. The 1929 Warsaw Convention was first amended by the 1955 Hague Protocol. Through this passengers were offered a greater protection with new provisions. As an example, their ticket would no longer contain a mere ‘statement’4 of their rights, but from that point onwards would include a ‘notice’5 informing them that their journey was regulated by the uniform rules. The carriers also saw their situation improve. For example, the 1955 Hague Protocol authorized carriers to alleviate their liability with respect to inherent defects to cargo.6 In addition to these changes, former controver- sies, such as the negotiability of the airway bill, were also solved.7 Moreover, the concepts of ‘dol’8 and ‘faute équivalente’,9 which were used in the 1929 text,10 and which had given rise to many misunderstand- ings in common law jurisdictions, were redrafted to lower the potential connections with domestic law and therefore enhance the autonomy of the concepts. While the idea remained the same, the two concepts were respectively redrafted as follows: ‘[…] done with intent to cause damage […]’ and ‘[…] recklessly and with knowledge that damage would prob- ably result’.11 This redrafting toward further autonomy faced resistance as references to concepts known under domestic law were preferred by certain negotiators, particularly when it came to matters of translation. The Travaux Préparatoires report, to that effect, that the delegate for Belgium expressed the view that it was important to have a French text which would be abso- 3 For a description of the relationship between these instruments and the 1999 Montreal Convention, see, section 1.3.1.1(2). 4 1929 Warsaw Convention, Articles 3 and 4. 5 1955 Hague Protocol, Articles III and IV. 6 1955 Hague Protocol, Article XII.