2539NSC Aviation Law Assignment

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Reference no: EM132779276 , Length: word count:1500

2539NSC Aviation Law - Griffith UniversityIt's aviation law

Aviation Law & Regulations

Problem-solving

Question 1:

In this assignment, you are asked to answer the three questions. The response to the questions should be presented in the form of a response to an exam question.

Students are to ensure that their responses are well developed and where possible, are encouraged to support their arguments with reference to case law and legislation.

Make sure to reference cases or legislation in APA6 format. Help with referencing can be found via this link or/and Griffith Aviation Writing Manual:

Please provide a response to the following three assignment questions:

(i) Mark is the legal representative for Cessna Aircraft and is in the process of negotiating the sale of a Cessna 172 to Eugene. This is a great opportunity for Mark because selling the Cessna will guarantee him his long overdue promotion. After Eugene has signed the contract and Mark orders the Cessna 172 the procurement officer discovers that Eugene is 16 years of age. Eugene is an orphan and has no guardians.

Should Mark be concerned? Advise Mark?

(ii) Trespass to land is committed when there is direct interference with another person's lawful possession of land.

Would Margo, a private pilot, be committing trespass if she flies over a residential property at a height of 50 feet (15 m) without a valid reason or prior approval from the Civil Aviation Safety Authority (CASA)?

(The answer is to be confined to legal principles and referencing case law only. A discussion of Civil Aviation Regulations and other aviation provisions is not required).

Queensland has a number of courts and tribunals which have been set up by state legislation to deal with a variety of matters. The type of offence or dispute will determine which court or tribunal will hear the matter.

Discuss the jurisdiction of each court or tribunal in Queensland?

It is the Christmas holidays and Jeremiah is taking a well-deserved break from his auto mechanic business. On 27th December 2018 he boards Penn Teller Airways - Flight 96 (a Boeing 787 Dreamliner) at Brisbane International Airport, scheduled to depart 8am, and travelling direct to French Polynesia.

The flight over the South Pacific Ocean was smooth with minimal turbulence. At approximately 9pm (local time), the seatbelt sign is illuminated and the pilot announces the planned descent into Papeete Airport. During the landing stage a sudden wind change causes the pilot to abort the landing and go-around. On the second landing attempt, a sudden gust of wind causes the aircraft to overshoot the runway and crash. The cabin crew and a number of passengers, including Jeremiah, have sustained multiple injuries but there were no fatalities. Jeremiah has sustained a hip fracture, a broken leg and a fractured shoulder. An immediate investigation determined that pilot error caused the crash.

In October 2019 Jeremiah begins to suffer from sleep deprivation, nightmares and constant flashbacks and decides to finally seek medical help. He has been unable to continue his employment as a mechanic since these symptoms began. On 18th January 2021, a psychiatrist diagnosed Jeremiah with Post Traumatic Stress Disorder (PTSD). On 25th January 2021 he decides to bring an action against Penn Teller Airways and seeks your help regarding what can be claimed and whether he can seek damages of $657,900 from the air carrier.

Advise Jeremiah?

APA referencing

Attachment:- Aviation Law and Regulations.rar

Reference no: EM132779276

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