Airline’s refusal to allow passenger to keep cockatoo outside of kennel during flight wasn’t a breach of contract

March 25, 2016

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03-25-16.jpgAirline’s actions in refusing to allow passenger to keep cockatoo outside of kennel during flight in attempt to keep cockatoo cool after airplane’s air conditioning system malfunctioned, and its removal of passenger from flight, did not give rise to breach of contract action against airline; airline did not make any specific promise or agreements with passenger which would allow him to keep cockatoo outside of kennel, use of which was required under Federal Aviation Administration (FAA) rules.

Richman v. USAir, Inc., 961 F.Supp. 102 (D.N.J., 1997)