Posted: April 9th, 2015

read the book “Aviation and the law 5th Ed.” Laurence E. Gesell to answer the questions.

read the book “Aviation and the law 5th Ed.” Laurence E. Gesell to answer the questions.

Chapter 3 – Constitutional Law and its Evolution

FORUM DISCUSSION:
What were the Plaintiff’s main arguments to support their position that the general federal standard of care of carriers in the hiring, training and supervision of its pilots was based on the “highest possible degree of safety?
What were the Defendants’ main arguments to support their position that the standard of care imposed by the FARs are applicable?
What arguments, laws, cases did the Court find most persuasive in rendering its decision?

Chapter 4 – United States Common Law

Please:
1. Brief the Newberger v. Pokrass Case in Chapter 4.  Please also answer the following:
2. In the Newberg case, Pokrass’ Estate was held liable for the negligent acts of Pokrass. However, the jury also found Newberg 15% contributorily negligent, stating that he could have prevented the accident by staying awake.?Does a passenger have a duty to stay awake especially after he’s advised the pilot that he will be sleeping? What are your thoughts? How would you have decided if you were a juror at the trial?
3. What do you think are the factors that a jury would use to assess the amount of damages in a personal injury claim and a wrongful death claim?

Chapter 16 Manufacturers’ Liability

Please answer the following to Chapter 16.
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I. Pursuant to Bruce v. Martin-Marietta, please answer the following:
a. Why was Ozark Airlines not held liable? If Ozark was in the business of selling aircraft, do you think the Court would have held Ozark liable as an intermediate seller or owner? Explain your answer.
b. How long is a general aviation aircraft manufacturer/merchant liable for its products?
c. What statute was enacted which addresses Question b. and what does the statute say?

II. According to Miles v. Kavanaugh, is a non-commercial seller responsible for warranties? Explain your answer.

III. In Pioneer Seed v. Cessna Aircraft, what constitutes abnormal aircraft operation and therefore a waiver of warranty provisions?

IV. In New York Airways v. United Technologies:

Does the product liability concept apply where both the buyer and seller are sophisticated commercial entities with equal bargaining strength, and was solely for a claim for economic damages? Please explain your answer and the Court’s reasoning.