The purpose of this article is to examine possible causes of actions sounding in contract available in cases of death or personal injuries arising out of aircraft crashes. The ability of the plaintiff to sustain an action in contract may have a decisive effect on the outcome of the litigation in any one of the following respects: First, as a general rule the law of the place of the accident governs tort actions, while the law of the place of contracting governs contract actions and for one of several reasons it may be advantageous to the plaintiff to avoid the law of the place of the accident; the place of the accident may impose a monetary limitation on the amount recoverable for wrongful death; the place of the accident may have a shorter period of limitations than the place of contracting; the place of the accident may grant only a survival action and not an action for wrongful death, while the place of the contract allows both. Second, the sustaining of an action in contract may be a means of avoiding the need to prove negligence.
Stephen M. Feldman, Actions in Contract Resulting from Aircraft Crashes, 12 Clev.-Marshall L. Rev. 472 (1963)