Aviation Law Reflective

Aviation Law: Reflective Diary Exercise

Word Count: 900

Part 1:

Reflection

The topic covered in the modules is tort law. I found this topic very interesting since it is more interested in compensating the wronged individuals rather than punishing the perpetrator of the wrong. I believe this is interesting because it is out of the norm of the customary law, which is more concerned with punishing the offender ( Module 3a). What I like about this law is the compensation aspect which places an individual in a better position to afford the necessary medical help or any form of help they may not have to afford. It also helps them recover from any losses they may have incurred, significantly impacting their families. Thus, it helps put safety before any gain by employers. Thus, it helps in preserving the quality of life.

However, the compensation aspect also comes as a challenge, which I don’t like about this law. Unlike criminal cases, the wrongdoer goes unpunished after offering monetary compensation in most cases. This generally neglects the impact of the wrong on the general society. I believe individuals must be liable and held accountable for their wrongdoings and be punished adequately. Thus, while they offer monetary compensation, I believe it is only fair that they are held accountable for society. The area I would like to focus more on is defenses to negligence.

(2.0) Marks

Part 2:

What area of law did the lecture consider?

The lecture considered various elements and legal rules, principles related to tort law, legislation, international rules and regulations, and common laws and how they are related to tort law. For the first item, tort law elements are four: duty, breach of duty, causation, and injury. A tort generally happens when an individual or a particular entity or body inflicts an injury to another individual resulting in injury. The injured individual can then sue the defendant to receive compensation. This means that for a tort case to be well-founded, there must be a breach of duty by an individual (the defendant) against another individual (the plaintiff), resulting in an injury to the plaintiff (Module 3a).

Another aspect of the law of tort covered in the modules is the legal rules and principles. These dictate what qualifies as a case of either negligence, trespass, or nuisance before tort law and the kind of compensation received by the plaintiff. For instance, in a case of negligence, the plaintiff must satisfy every element associated with establishing negligence to succeed. Such elements have been established in tort law to include the care duty owed by an individual (defendant), the breach of duty, damage to the plaintiff resulting from the breach, and damage not being too remote. If these happen, the plaintiff can make a case against the defendant. Thus, the fundamental principle of tort law lies in the breach of the duty of care by an individual or entity that results in damages to the plaintiff. This law, especially the negligence component, is extremely important in aviation since negligence could result in injury or death. Therefore, tort law has established various principles to govern this area to preserve care and quality of life. For instance, there are certain duties for pilots, air traffic control, and licensed aircraft maintenance engineer. Failure to comply with the stipulated provisions under the law results in a penalty or strict liability ( Donoghue v Stevenson. (1932).

The final aspect covered in the modules is legislation, international rules and regulations, and common law principles. Tort law is its own form of law, for starters, just as criminal law and contract law. It could also overlap into other areas of law where compensation is payable. Under administrative law, individuals affected by the tort rules can interact without directly involving the court system (Module 4). Also, various statutory bodies are involved in its implementation. For instance, the statutory body in aviation is the Civil Aviation Safety Authorities (CASA), responsible for aviation matters ( Administrative Appeals Tribunal. (2003).

Moreover, tort laws are governed by state laws and are considered a part of civil law even though it is a single law entity in its entirety. This is primarily because any dispute between individuals as stipulated by the tort law and principles is typically under civil law. With regards to international rules and regulations, tort laws share. For instance, intentional torts, including battery, trespass, assault, and false imprisonment, are applicable in various states worldwide provided they meet the criteria for which the plaintiff can seek compensation from the defendant, in this case, an individual entity, or even state.

(5.0) Marks

Part 3:

What cases did the lecture consider?

The lecture considered various cases in the elaboration of tort law under the various types, namely, negligence, trespass, and nuisance. For instance, under assault, the lecture looked at a sample case, Zanker v Vartzokas (1988) 34A Crim R 11, in which a young woman who was offered a car lift was offered money in exchange for sexual favors. Upon this, she asked the driver to let her out of the car, but the driver sped up, making some comments that suggested potential sexual abuse. The plaintiff thus jumped off the moving car. However, she did not sustain an injury. The court established that the directness was present since the battery would take place in the future with a high likelihood of it. Another case study in module 3b is Raynolds v Clarke (1725), highlighted under trespass in tort law (Module 3b). Another case was M’alister or Donoghue v Stevenson (1932) in Paisley. In this case, Ms. Donoghue consumed a drink that contained a decomposing snail, something she only realized after she had consumed most of the drink. Thus, she took legal action against Stevenson. In this case, the ruling established the tort law of negligence and an obligation of businesses to observe care duty towards their customers ( Donoghue v Stevenson. (1932).