The Seagulls is a Perth based football team and three months ago in October, were invited to attend (for a significant sum each player) a 15-game International football tournament to be held in London in February 2020. Most of the team left today from Perth International Airport due to arrive in London after a 20- hour non-stop flight. Justin however, took a 43- day cruise from Sydney to Southampton, leaving Sydney in early December 2019.
During the flight, a passenger became agitated and began yelling abuse at the flight attendant, threatening to set off a bomb. The agitated passenger got out of his seat and lunged aggressively towards the flight attendant. Shannon Hunt, the captain of the Seagulls, intervened and attempted to subdue the agitated passenger, however in the struggle, the agitated passenger bit off Shannon’s right ear.
On arrival in London, the plane remained on the tarmac until security cleared the plane of any bomb threat. All passengers were evacuated to the terminal in a secure room with security guards, were thoroughly searched and had to wait for 10 hours before given clearance to leave the airport. The delay meant that for those who did play in the tournament, they missed the first game and a 1/15 portion of tournament revenue.
Shannon remained in London for surgery and ongoing treatment and was unable to play in the tournament, thereby losing all entitlements to tournament revenue. He now also suffers from depression and requires ongoing treatment. The youngest player in the team, Nick Nata, did not play in the tournament because he was too traumatised from witnessing his captain’s ear being bitten off. He also did not get paid any tournament revenue.
Meanwhile, Justin disembarked from the ship when it arrived in Southampton at 8pm on January 13, 2020. During disembarkation, Justin (who had quite a bit to drink at dinner that night), became tangled in the rope cord on the gangway, fell over and broke his ankle.
With reference to the Montreal and Athens Conventions, advise if the following claims would be successful:
a) Damages for the flight delay (3 marks);
b) Damages for Shannon’s ear injury and depression (8 marks);
c) Damages for Nick’s loss of earnings (3 marks);
d) Damages for Justin’s ankle injury (6 marks)