Common use of Three Major Views Clause in Contracts

Three Major Views. The response of Courts to the lack of definition of ‘accident’ has unavoid- ably taken different forms.33 Three major views profiled: – recourse to an ‘external definition’, that is to say, a definition found in other legal instruments; – a damage-based approach, which avoids giving any definition of acci- dent but rather focuses on the existence of a damage and; – an autonomous approach, which tries to come up with a specific defini- tion of the term. These three views will be explained in the next sections. 31 ICAO Doc 9775, International Conference on Air Law (Convention for the Unification of Certain Rules for International Carriage by Air), Montreal, 10 – 28 May 1999, volume II, Documents, Montreal 1999, p. 18. 32 ICAO Doc 9775, International Conference on Air Law (Convention for the Unification of Certain Rules for International Carriage by Air), Montreal, 10 – 28 May 1999, volume I, Minutes, Montreal 1999, p. 119.