Abstract
This article provides a comparative analysis of international maritime and air carriage rules. It examines the statutes, jurisprudence and doctrine of several Common Law and Civil Law jurisdictions on article 4.5.e of the Hague-Visby Rules and article 25 of the Hague Protocol to the Warsaw Convention governing international ocean and air carriers' loss of their limitation of liability respectively. More specifically, it describes and analyzes how different jurisdictions have qualified and assessed the prescribed requirements contained in the aforementioned articles, namely: ‘intent to cause damage or recklessly and with knowledge that damage would probably result’.