The phrase 'servant or agent' in s 33 of the Civil Aviation (Carriers' Liability) Act 1959 (Cth) is a compendious phrase connoting entities and persons through which, or by whom, the carrier provided the contracted service of carriage; it includes independent contractors engaged to perform functions required of the carrier under the contract of carriage, and is not limited to agents in the strict common law sense of persons authorised to create legal relations. An informal airport use agreement under which an airline pays fees and charges for use of airport facilities contains an implied warranty in law (Watson-type) that the occupier will keep the airport land as safe as reasonable care and skill can make it for the purpose of its use as an airport. The scope of a lease insurance obligation requiring public liability cover for the parties' 'respective rights and interests' is confined to rights and interests arising under the lease itself and does not extend to the lessor's liability as occupier of land beyond the demised premises.
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