Aviation

Chapter 3 Review Questions:
1. In Aquilla, L.L.C. v. City of Bangor, the court ruled that the ground crew that pumped corrosive
chemicals into the plaintiff’s aircraft was not liable for consequential damages. What effect
would it have had on the court’s ruling if the plaintiff had told the ground crew upfront that he
was en route to Montreal to sell his aircraft for $12 million?
2. The CEO of Boeing published an opinion piece in the Wall Street Journal in 2009 urging the
federal government to adopt fuel efficiency standard for aircraft. Do you believe that regulating
aircraft fuel efficiency is within the FAA’s power or must such regulations come from Congress?
3. In the case of Abourezk v. New York Airline, Inc., the court ruled that passengers consent to
confinement when they voluntarily board an aircraft. Do you think the result would have been
the same if Abourezk suffered from claustrophobia?
4. HYPOTHETICAL: A pilot is injured in an aviation accident. The jurisdiction uses comparative
negligence. The jury finds in favor of the pilot in the amount of $1,000,000. It further finds that
the pilot was 10 percent at fault, the mechanic was 20 percent at fault, and the aircraft
manufacturer was 70 per cent at fault. How much may the pilot recover, how much is the
mechanic’s liability, and how much is the aircraft manufacturer’s liability?
5. Same question as above, except that the jurisdiction uses contributory negligence.

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