AIRWAYS INDUSTRY Lebanon-Israel Conflict conflict , the doctrine of force majeure can be invoked by airlines to justify any non-performance of their contractual obligations . For example , if an airline is unable to operate flights to a certain destination due to airspace closures , it may be able to invoke force majeure to avoid liability for breach of contract .
However , the application of the doctrine of force majeure is not automatic . To successfully invoke it , an airline must demonstrate that :
● The event that prevented performance was extraordinary and unforeseeable .
● The event was outside of the airline ’ s control .
● The airline took reasonable steps to mitigate the impact of the event .
The burden of proof in establishing these elements lies with the airline . If the airline is able to demonstrate that any airspace restrictions were beyond its control and that it took reasonable steps to mitigate the impact , it may be able to avoid liability for breach of contract . However , the application of the doctrine of force majeure can be subject to debate and litigation . The parties to a contract may have different interpretations of what constitutes a force majeure event , and the courts may need to decide whether the doctrine applies in a particular case .
In addition to the doctrine of force majeure , airlines may also be able to rely on other legal defenses , such as frustration of contract or impossibility of performance . These doctrines can provide additional grounds for the avoidance of liability in certain circumstances .
In the case of operational delays , airlines may improve their legal protection and reduce their liability by comprehending the doctrine of force majeure and other relevant legal concepts .
CONCLUSION
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The current Middle Eastern conflict serves as a sobering reminder of the fragile balance between national security interests and global aviation imperatives . Ensuring the safety and efficiency of air travel in times of conflict requires cooperation , quick adaptation , and an understanding of the legal frameworks that govern these volatile situations . Only through collective efforts and adherence to international law can the aviation industry weather such turbulent times , safeguarding both passengers and the broader aviation ecosystem .
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