Originally Posted by fastair

I am FAR from a legal expert, but the entire "Contract of carriage" is about carriage, which is defined, in the doccument, as transporting a person and their luggage from one place to another. A subsection on the contract of carriage, denied boarding, we now try to define an undefined term. In the scope of the document about the rights of carriage, which is transporting a customer (and baggage) where does a right to board or not board come in. The ticket doesn't give anyone the right to board or deboard, it is about carriage between places. Buying a ticket and boarding serves no purpose, it is part of the carriage. Steeping foot on an airplane without the carriage has the same net result as not setting foot on an airplane at all. All penalties for IBD are calculated off the the ticket price for carriage to the next stopover, not the distance from the jetbridge door to the seat and the time to get to the next destination, not the time it takes to walk to the seat from the gateroom door.

Originally Posted by Boraxo

Au contraire, there are thousands of breach of contract cases that are decided by juries. Google is your friend.

The jury is permitted to address any and all factual issues - including whether a breach has occurred and the amount of damages. The judge can only rule on whether the contract was so clearly breached as a matter of law and other purely legal issues.

Although this is not my area of expertise, I'd bet that the victim has a better tort claim against UA for causing him to be assaulted and battered. However my friend (who represents injured parties) believe the settlement is likely to be in the 6-figure range.

This has been a great thread for the armchair lawyers, but they don't always get it right.