Aviation Law Exam 3 with complete solutions

Aviation Law Exam 3 with complete solutions From the standpoint of legal liability for negligence, what difference does it make whether a domestic commercial flight is a common carrier or contract carrier operation. - Answer ️️ -A contract carrier, like most individuals and businesses, is required to exercise the degree of care of a reasonably careful person, while a common carrier is required to exercise the highest degree of care to protect its passengers from injury or death in transport. Is the assumption of risk defense available to an airline to defend against lawsuits brought by injured passengers or the survivors of passengers killed in an airline crash. - Answer ️️ -No. Because commercial air travel is statistically proven to be the safest way to travel, it cannot be considered a "known risk". What is an airline tariff - Answer ️️ -An airline's tariff is the entire agreement between the airline and the passenger or shipper What treaty is now the primary source of law governing the legal relationship between airlines and their international passengers? - Answer ️️ -Montreal Convention of 1999 What effect has ratification of the Montreal convention had on the volume of litigation of claims for injury to international airline passengers? - Answer ️️ -It has largely caused the cessation of new litigation. What monetary valuations are used in the Montreal convention of 1999 when determining the provable compensatory damages? - Answer ️️ -Special Drawing Rights According to the Warsaw Convention when does an airlines liability for accidents begin? - Answer ️️ -From the time the passenger begins the process of embarking until the passenger has completed the processor disembarking Your best friend from college was in ROTC and on graduation was commissioned as an officer and trained as a fighter pilot. Your friend expierenced engine failure on takeoff from an airbase in Afghanistan and was killed when the aircrafts ejection seat failed function. Your friends spouse, who is very worried about how to support the couples two younger children asks if you think they can sue the federal gov. could she? - Answer ️️ -Because your friend was engaged in activities incident to his military service at the time of the accident, the survivors cannot sue the federal gov. under the Federal Tort Claims Act for his death. You are an air traffic controller employed by the FAA. An aircraft crashes in your operational sector, and an attorney for persons injured in the crash sues you personally for negligence, claiming that the instructions you gave the pilot caused the crash. Will the U.S. Attorney help you? - Answer ️️ -Yes, the U.S. Attorney will file for a motion with the court substituting the US for you as the defendant in the case and will defend the case in the name of the U.S. In the situation above who will be responsible for any monetary judgements associated with the accident? - Answer ️️ -The US government. What is the discretionary function? - Answer ️️ -A discretionary function is an exercise of judgement in the nature of making government policy. What difference does it make whether a government employees activities alleged to have contributed to cause an aircraft accident were a discretionary function or not? - Answer ️️ -Both A and B..... A: If the employee's activites were a discretionary function, the government cannot be sued under the Federal Tort Cliams Act because of Sovereign immunity still applies B: If the employees actives are not found to have been a discretionary function, the government may be found liable __________ law is that body of law created by judges through hundreds of years of accumulated judicial pronouncements of what law is, is a major source of the law in the United States - Answer ️️ -Common What accident and incidents are you required to report to the FAA? - Answer ️️ - No accident or incident is required to be reported to the FAA. The Warsaw Convention airline liability timeframe. - Answer ️️ -two years statute of Limitation from intended conclusions of trip. Discretionary Function - Answer ️️ -Part of the 6 Exceptions to Gov. Liability -Government employees performing a discretionary function -Planning and Policy makers exe