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Aviation Law > Exam 2 > Flashcards

Exam 2 Flashcards

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1
Q

What is a tort?

A

Act or admission that causes injuries to other persons

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2
Q

What is negligence?

A

Failing to do an act that a reasonably careful person would do to protect others from harm
Doing an act that a reasonably careful person wouldn’t do under the same circumstances

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3
Q

What does the sudden emergency doctrine state?

A

Law recognizes that the stress imposed by an in-flight emergency situation may interfere with human decision making

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4
Q

What does the assumption of risk doctrine state?

A

Relieve others of legal responsibility where it’s proven that the injured person

  • knew and understood the risk involved
  • voluntarily and freely chose to incur that risk
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5
Q

After how many years can a GA manufacturer no longer be sued?

A

18 years or if otherwise specified by a state

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6
Q

What’s the best way to avoid getting sued?

A

Do it right the first time

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7
Q

Far more aviation businesses have failed as a result of poor business practices than from poor aviating

A

True

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8
Q

What do you call the owner of a corporation?

A

Share holder

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9
Q

What’s a sole proprietorship?

A

Owned by a single individual

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10
Q

What are the duties to employees?

A 
Workers compensation insurance
Unemployment compensation insurance
Pay agreed wages
Withhold payroll taxes
Provide a safe place to work
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11
Q

Who benefits from workers compensation insurance?

A

The employer

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12
Q

Why is workers compensation insurance more beneficial to the employer?

A

Employee can’t sue the employer

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13
Q

Who will show up if you don’t pay your taxes?

A

IRS

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14
Q

What are the basic principles underlying all insurance?

A

Spreading the risk

Minimizing the risk

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15
Q

What’s liability insurance?

A

Pays for injuries to others in the A/C, persons and property on the ground

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16
Q

What are the two distinct types of A/C coverage?

A

Liability

Hull

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17
Q

What can hull coverage cover?

A

All risks
All risks while not flying
All risks while not in motion

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18
Q

What are the typical purposes of use?

A 
Pleasure and business
Industrial aid
Limited commercial
Commercial except instruction or rental
Commercial
Special uses
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19
Q

What’s covered under pleasure and business?

A

Pleasure flying

Personal flying in regards to the insured’s business, excluding any operation for which a charge is made

20
Q

What’s covered under industrial aid?

A

Includes pleasure and business as well as the transportation of your business buddies (excluding any operation for hire)

21
Q

What’s covered under commercial except instruction or rent?

A

Includes pleasure and business, industrial aid as well as carrying cargo or pax for hire

22
Q

What’s covered under limited commercial?

A

Includes pleasure and business, industrial aid, flight instruction and rental but not carrying cargo or pax for hire

23
Q

What’s covered under commercial?

A

Covers every kind of operation

24
Q

What’s covered under special uses?

A

Higher level of risk (firefighting, banner and glider towing, fish spotting, crop dusting, pipeline control, medivac)

25
Q

Is it desirable to have an FAR violation exclusion clause on the insurance?

A

No

26
Q

What’s an exculpatory contract?

A

An agreement between aircraft / airport operator and a participant
Participant agrees not to sue the operator if the participant is killed or injured during the operation

27
Q

What operations need an exculpatory contract?

A

Operations that can’t be insured (e.g. skydiving)

28
Q

When is an exculpatory contract appropriate?

A
  1. Operation is not a common carrier operation
  2. Law doesn’t require operator to have liability insurance
  3. Insurance is not available
29
Q

What kind of care does the airline have to have?

A

Highest degree of care

30
Q

What’s the airlines liability for the injury or death of a passenger under the Warsaw Convention?

A

$8,300

31
Q

What’s the airlines liability for the loss or destruction of cargo under the Warsaw Convention?

A

$16,50 per Kg

32
Q

When does an airline not have to pay for international air cargo claims?

A 
Airline took all possible measure to prevent cargo loss
Pilot or navigational error
Shipper's contributory negligence
An act of God, war, or state
Nature of the goods caused the damage
33
Q

How are the airlines required to deliver the notice to passengers under the Warsaw Convention?

A 
Physical paper ticket
10-point type
Good-quality paper
Good-quality ink
Excellent printing press
Delivery in a timely and proper manner
34
Q

When did the sovereign immunity get thrown out?

A

1946

35
Q

Under what circumstances can you not sue the government?

A

Geographic limitation
Combatant activity
Activities incident to military service
Discretionary function

36
Q

Does a NASA report protect you in case of an accident?

A

No

37
Q

You are not required to report accidents or incidents to the FAA nor are you required to notify the NTSB of every mishap.

A

True

38
Q

Who and when are you required to notify the NTSB?

A

The operator of a civil A/C

Notify the nearest NTSB field office immediately and by the most expeditious means

39
Q

What’s an A/C accident?

A

An operation of an A/C which takes place between the time any person boards the A/C with the intention of flight
Person(s) suffer death or serious injury
A/C receives substantial damage

40
Q

What’s a serious injury

A

Requires hospitalization for more than 48 hours within 7 days from when the injury was received
Results in the fracture of any bone (except simple fractures)
Causes severe hemorrhages, nerve, muscle or tendon damage

41
Q

What’s substantial damage?

A

Damage or failure which adversely affects the structural strength, performance, or flight characteristics of the A/C
Requires major repair or replacement of the affected part

42
Q

When are you required to notify the NTSB?

A 
Flight control system malfunction / failure
Crew member can't perform duties
Turbine engine damage 
In-flight fire
A/C collision in flight
Damage to property exceeding $25,000
Overdue A/C 
Release of a prop blade
Damage to helicopter blades
A/C ops where the airplanes lands not on the rwy
Rwy incursion
Flickering of more than 50% of the cockpit displays
43
Q

What factors does the IRS use to determine if you’re an employee or contractor?

A

Is required to comply with company instructions about the work
Has been trained by the company
Is integrated in the company’s general business operations
Must render services personally
Uses assistance provided by the company
Has a continuing relationship with the company
Is required to work a set number of hours
Must work full-time
Works on the company’s premises
Must perform work in preset sequence
Must submit regular work progress reports
Is paid by the hour week or month
Is reimbursed for business and travel expenses
Uses company tools and materials
Has no significant investment in the facilities that are used
Has no risk of loss
Works for only one company
Doesn’t offer services to the public
Can be discharged by the company
Can quit without incurring liability

44
Q

Are operations under special flight permits insured?

A

No

45
Q

What do you have to do to keep your A/C insurance current?

A

Prevent accidents!
Protect the policy
Renew your policy

Aviation Law (2 decks)

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