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Aviation Law A Reflective Essay

Law: Aviation Law Reflective Essay

Part 1: Reflection

The module is important with its relevancy to the Aviation industry since it would help understand the law of aviation in the country. When one has to adopt a professional career in a certain field, one has to get familiar with the laws and policies, which are a code of conduct for carrying out certain actions that are allowed and preventing those prohibited. It would be better to follow that code of conduct under the guidelines of the regulations so that legal actions could be avoided in the future.

My personal view about the contents covered in the module is satisfactory and positive since I believe the content would assist in knowing the Australian Constitution closely regarding its features and relevancy to aviation law. The aviation law student must be aware of the countrys court system if its law is to be reviewed, which is one of the main contents of this module. Both Australias state and federal state systems have been added to study aviation law and thorough knowledge of the legal system.

Part 2: What Areas of Law Did the Lecture Consider?

The areas of law that the lecture considers include the difference between common law and civil law procedures, understanding the relation of the Constitution with Aviation law, comprehending the court structure and its responsibilities with relevance to jurisdiction, and the process of appeals from lower courts the High court. Common law and equity had been the heart of the discussion wheeler the course contents were taught since it is vital to know both highlights and differences regarding aviation. Where common law provides the general rules that could be applied in aviation matters, equity law ensures that equitable rights are provided to the affected parties to keep a check and balance of the common law. Separate enactment of codes has been guaranteed with the modernization, and the increased importance...

…and administrative decisions making matters, etc. It would be noted that these areas could be related to aviation, although QCAT includes children matters as well.

One of the most important cases in aviation is customer safety. A case was discussed that involved passenger getting hurt by a falling overhead suitcase during his flight in United Airlines (Andersen, 1994, p. 26). The airiness wanted to dismiss the negligence claims under the light of the Airline Deregulation Act, section 1305. It also gave a reference to the 1992 Supreme Court decision for Morales vs. Trans World Airlines Inc. The district court declined to enforce the broad statement of preemption to common law concerning the personal injury or damage based on the dereliction claims in this case. The court had to decide that if Federal Aviation Act dismissed the common law actions regarding the costs, it does not deliver the reason of action or rectifications for money compensations or other reparation to the…

Sources used in this document:

References


Andersen, D.R. (1994). Recent cases and developments in aviation law. Journal of Air Law and Commerce, 60(1). Available at Core.ac.uk. https://core.ac.uk/download/pdf/147637678.pdf


Federal Register of Legislation. (n.a.). Taxation administration act 1953. https://www.legislation.gov.au/Details/C2021C00003


Health and Safety Executive. (n.a.). Virgin Atlantic: Improved maintenance steps. https://www.hse.gov.uk/airtransport/case-studies/virgin.htm

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