Airway International, Inc., is a commercial passenger airline. Airway includes on its tickets a clause that states the airline is not liable for any injury to, or the death of, any passenger caused by its or its employees’ negligence. An Airway flight from Boston to New York crashes into Long Island sound, resulting in the deaths of all passengers. The cause of the accident is found to be due to Airway’s negligence. Based on the clause on its tickets, can Airway avoid liability? Why or why not?

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