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Problem Solving Assignment Law Assignment

Problem Solving Assignment

Question 1

i. According to the information provided regarding the aviation accident that Margo was involved in and who was responsible for that failure, I can advise her. My advice will help Margo on the actions she needs to take and what she needs to show to be successful in her claim concerning the cause of the accident (Pearson & Riley, 2016). First, she needs to reach out to aviation attorneys who have extensive resources to usher an aviation case that may seem complex, like this one. The attorneys help guide the case from the beginning to a resolution. They offer guidance on handling aviation cases like accidents, like the head injuries Margo sustained.

Admittedly, building a case relating to an aviation accident may be challenging because of the severe damages suffered due to impact, which can obscure evidence. It can make it challenging to develop a compelling case that reveals what caused the injuries; this is why an aviation attorney is vital(Pearson & Riley, 2016). They are well versed with ways of positioning cases correctly when settlements are done and during trials and helping seek fair and efficient resolutions about the claims. In this case, the attorneys will help Margo claim that John from Alpha Bravo Maintenance was the root cause of the accident. This is following that he did not take action even after several recall letters from right Bros Spares Pty Limited. He had been asked to exchange the batch of parts, and because he did not carry out his duty, there was an engine overhaul.

It is possible to have Margo's case resolved through the lawyers who handle the aviation case according to Margo's best interests. This is because they have the skills to have the negotiations of insurance settlements closed and weigh if a case will have a better outcome.

Since most aviation accidents stem from equipment or mechanical failures, Margo should provide evidence from Wright Bros Limited showing the many recall letters sent to John, which would help because Alpha Bravo Maintenance would also be liable for the negligence. Also, providing evidence that the accident was due to plane damage will make her claims successful.

ii.

a) As a result of Jeremiah breaching CASR 91.265, his license was suspended however it is possible to have this decision reviewed by CASA. As much as CASA takes strict measures against those who violate aviation guidelines, it aims to give pilots licenses, hence enhancing aviation safety (Pearson & Riley, 2016). According to the Act of 1988 (Cth) (CAA). One of the ways of disciplining the pilots is by suspending their licenses. In most cases, the consequences that follow involve a decision handed down and may not be favorable as the one of Jeremiah. In this case, he can appeal to the Administrative Appeals Tribunal to receive a favorable appeal-like getting back the license. This will be based on him signing up to be careful not to fly an airplane over a populated area below 1,000ft,...

…compensation to the plane crash victims. The final coverage is according to the airline coverage of the casualty. Accidents involving international airplanes draw their terms from international treaties. So the guidelines of the compensation concerning insurance differ.

Moreover, the fact that Harriet was involved in a plane crash means that she is trying to recover from two different kinds of compensatory damages from the airplane crash. The first compensation is on financial damages. This compensation involves medical treatment compensation and income losses (Ratajczyk, 2014). The loss of income is seen in her narration because she cannot return to her job as a bus driver due to the pain. The medical treatment for Harriet would be for the mental illness and the treatment of the DVT condition that she is suffering from, which got her hospitalized after her trip. All these are what she spent on her medication and should be compensated. The second type of recovery is called non-pecuniary damages. In this one, the most considerable compensations are done. It involves payment due to suffering and pain. According to her in an interview, it is true because she says that she fears a lot, and she has sleepless nights following this ordeal. Harriet has been going through a lot of physical and mental turmoil due to what she experienced as the impact of the plane crash and before the effect.

Since there is evidence that the airplane was the cause of the plane crash, if Harriet makes a follow-up after she gets enlightened, it…

Sources used in this document:

References


Pearson, M. W., & Riley, D. S. (2016). Foundations of aviation law. Routledge.


https://www.taylorfrancis.com/books/mono/10.4324/9781315582870/foundations-aviation-law-michael-pearson-daniel-riley


Ratajczyk, M. A. (2014). Regional aviation safety organizations: enhancing air transport safety through regional cooperation (Doctoral dissertation, Leiden University).


https://scholarlypublications.universiteitleiden.nl/handle/1887/29759

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