Surely
this is solved by contract. And if a passenger was on board
without a contract or enforceable bargain, then they could
not recover (a) if they paid, because a ticket to Vienna no
doubt costs as much (or more) as a ticket to London, and (b)
if they did not pay, because why should they get any
further?
Of
course there are permutations by which the contract may fail
but English law may respect the underlying bargain. I
assume, however, that many systems of law call this
contract.
If
the passengers were asked to pay in the air rather than
Vienna, I agree it would be a warning not a threat, but the
airline would presumably have gotten itself under some duty
(of I know not what kind) to salvage the situation, so it
would (almost) be necessary discharge of another’s
obligation, and recoverable.
Henry
See: http://www.bbc.co.uk/news/uk-england-birmingham-15762127
I am wondering whether English law allows those passengers to
recover in unjust enrichment. Applying Williams v Roffey
Bros & Nichols (Contractors) Ltd [1991] 1 QB 1 (CA),
this may have been a warning rather than a threat, and thus
not a case of compulsion.
Any views?
Gerhard Dannemann
--
Prof. Dr. Gerhard Dannemann
Centre for British Studies
Humboldt-Universität zu Berlin
Mohrenstr. 60
10117 Berlin
Tel. +49 30 2093 99048
Fax +49 30 2093 99055
http://www.gbz.hu-berlin.de
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