aviation hw help

Review Questions Module 3

Chapter 7

1. What is an exculpatory contract?

2. Which afford you better protection from liability losses: an exculpatory contract or adequate liability insurance?

3. Are there any states in which exculpatory contracts are void and unenforceable as a matter of law? If so, where?

Chapter 8

1. From the standpoint of legal liability for negligence, what difference does it make whether a domestic commercial flight is a common-carrier or a contract-carrier operation?

2. 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? Why?

3. What is an airline tariff? Where would you find it?

4. Can a mixture of domestic passengers and international passengers be on the same flight?

5. What treaty is now the primary source of law governing the legal relationship between airlines and their international passengers?

Chapter 9

1. Compare and contrast the vicarious liability of the government for the consequences of torts committed by its employees with the same liability of employers in the private sector?

2. Compare and contrast the personal liability for the consequences of torts committed by individual federal employees with that of individual employees in the private sector.

3. What is a discretionary function? What other kind of exercise of judgement is there? Distinguish.

4. Is the United States liable for negligence of a FAA Designee, such as an AME, DAR, DER, DMR, IA, or ODA?