3 2 special assignment basic principles of civil liability
1.a. A business jet operated by a corporation from Nation A crashes on approach to landing in Nation B, demolishing a number of homes and business and killing and injuring numerous individuals on the ground. If both Nations A and B have signed the Rome Convention, are the persons and business harmed required to prove that some act of negligence by the aircraft operator caused the crash in order to receive compensation? Explain.
1.b. Utilizing the same facts in 1a, explain the result if only Nation A was a signatory to the Rome Convention.
1.c. Utilizing the same facts in 1a, explain the result if neither Nation A nor Nation B was a signatory to the Rome Convention.
2. In the process of repairing wing damage to an aircraft, a repair station’s employees reversed the aileron cables to that wing and failed to catch the error on completion of the work. When the aircraft owner picked up the airplane from the repair station, he failed to detect the discrepancy during his preflight inspection, with the result that moments after liftoff he found he had no control over the aircraft in the roll axis and crashed, destroying the airplane and seriously injuring himself. He sues the repair station for negligence. At trial, the jury finds that the proximate cause of the accident was 60% the fault of the repair station and 40% the fault of the aircraft owner/pilot (for not detecting the mis-rigging in his preflight inspection) and that the pilot’s injuries (including loss of the aircraft) amount to $1,000,000. How much must the repair station pay the pilot/owner if the state followed the:
a. Comparative negligence principle
b. Contributory negligence principle
Provide an explanation as to how you reached each result and explain each principle.
Your response must be in APA format (abstract not required) utilizing correct grammar, sentence structure, and spelling. I do not consider news media, Wikipedia or blogs authoritative sources.
If there is more than one part of the question, ensure it is numerically identified within the answer. For instance, if a question includes parts a, b and c, your answer should be separated in the same alphanumeric format.
