Page:China Civil Aviation Law 1995.pdf/69

 on the surface, the person entitled to the navigation control, unless he proves that he has exercised due care to prevent such use, shall be jointly and severally liable with the unlawful user.

Article 160 Any person who would otherwise be liable under the provisions of this Chapter shall not be liable if the damage is the direct consequence of armed conflict or civil disturbance.

Any person who would otherwise be liable under the provision of this Chapter shall not be liable if such person has been deprived of the right to use the civil aircraft by the public authority according to law.

Article 161 Any person who would otherwise be liable under the provisions of this Chapter shall be exonerated from the liability for damage if he proves that the damage was caused solely by the fault of the person who suffers the damage or of the latter's servants or agents. If the person liable proves that the damage was contributed to by the fault of the person who suffers the damage, or of his servants or agents, the compensation shall be reduced to the extent to which such fault contributed to the damage. Nevertheless, there shall be no such exoneration or reduction if. in the case of the fault of a servant or agent, the person who suffers the damage proves that his servant or agent was acting outside the scope of his authority.

Where an action is brought by one person to — 67 —