The problem I have with the present legislation (aside from the fact that it was poorly drafted ) is
that it almost assumes a position of strict liability on the part of the airlines. The imposition of strict
liability is rare for a reason. However, I think there is some truth that the reason why this legislation
was created was because passenger rights were weak. In my view, it is right to redress the imbalance.

The ash cloud is a very good example of a well intentioned law being enforced in the wrong way. This
was clearly an example of a natural act with no foreseeability. True, it was not the passengers fault
but it was not the airline's fault either. To this day, I am still amazed that the airlines were forced to
pay out claims. It was the only time I agreed with O'leary, though not because of his reasoning--selling
cheap tickets is a commercial decision that you should not be able to rely upon as a reason for not
providing compensation. If ever there was the archetypical example of force majeure that first year
law students sleep through, then this was it.

There never can be an exhaustive list of examples, but with better drafting or clarification perhaps at
least consumers and airlines might have a better idea of where the line of liability is drawn.