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Air France V Carrasco Case Digest

Rafael Carrascoso was a passenger on an Air France flight from Manila to Rome. During a stopover in Bangkok, a plane manager asked Carrascoso, who held a first-class ticket, to give up his seat for a white man. Carrascoso protested but ultimately complied. He later filed a lawsuit against Air France. The court ruled that Air France was liable because as a carrier it has a public duty to treat passengers with respect and courtesy. Asking Carrascoso to vacate his seat for racial reasons violated this duty and was an act of quasi-delict, or negligence, for which damages were proper. The court also awarded exemplary damages given the wanton manner in

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458 views1 page

Air France V Carrasco Case Digest

Rafael Carrascoso was a passenger on an Air France flight from Manila to Rome. During a stopover in Bangkok, a plane manager asked Carrascoso, who held a first-class ticket, to give up his seat for a white man. Carrascoso protested but ultimately complied. He later filed a lawsuit against Air France. The court ruled that Air France was liable because as a carrier it has a public duty to treat passengers with respect and courtesy. Asking Carrascoso to vacate his seat for racial reasons violated this duty and was an act of quasi-delict, or negligence, for which damages were proper. The court also awarded exemplary damages given the wanton manner in

Uploaded by

Mikey Go
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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17 - Air France v Carrasco

FACTS:
In March 1958, Rafael Carrascoso, was member of a group of
48 Filipino pilgrims that were tourists en route to Rome from
Manila. Carrascoso was issued a first class round trip ticket
by Air France. But during a stop-over in Bangkok, he was
asked by the plane manager of Air France to vacate his seat
because a white man allegedly has a better right than him.
Carrascoso protested but when things got heated and upon
advice of other Filipinos on board, Carrascoso gave up his
seat and was transferred to the planes tourist class.
As a result, he filed a suit against Air France where the CFI
Manila granted him moral and exemplary damages. This was
affirmed by the Court of Appeals.

ISSUE:
Whether or not Air France is liable for damages and on what
basis.

RULING:
A contract to transport passengers is quite different in kind
and degree from any other contractual relation. And this,
because of the relation which an air-carrier sustains with the
public. Its business is mainly with the travelling public. It
invites people to avail of the comforts and advantages it
offers. The contract of air carriage, therefore, generates a
relation attended with a public duty. Neglect or malfeasance
of the carrier's employees, naturally, could give ground for an
action for damages.

There exists a contract of carriage between Air France and


Carrascoso. There was a contract to furnish Carrasocoso a
first class passage; Second, That said contract was breached
when Air France failed to furnish first class transportation at
Bangkok; and Third, that there was bad faith when Air
Frances employee compelled Carrascoso to leave his first
class accommodation berth after he was already,
seated and to take a seat in the tourist class, by reason of
which he suffered inconvenience, embarrassments and
humiliations, thereby causing him mental anguish, serious
anxiety, wounded feelings and social humiliation, resulting in
moral damages.
Here, the SC ruled, even though there is a contract of
carriage between Air France and Carrascoso, there is also a
tortuous act based on culpa aquiliana. Passengers do not
contract merely for transportation. They have a right to be
treated by the carriers employees with kindness, respect,
courtesy and due consideration. They are entitled to be
protected against personal misconduct, injurious language,
indignities and abuses from such employees. So it is, that
any rule or discourteous conduct on the part of employees
towards a passenger gives the latter an action for damages
against the carrier. Air Frances contract with Carrascoso is
one attended with public duty. The stress of Carrascosos
action is placed upon his wrongful expulsion. This is a
violation of public duty by the Air France a case of quasidelict. Damages are proper.
Exemplary damages were also awarded. The manner of
ejectment fits into the condition for exemplary damages that
defendant acted in a wanton, fraudulent, reckless, oppressive
or malevolent manner.
The judgment of the Court of Appeals does not suffer from
reversible error. SC accordingly vote to affirm the same.

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