Problem Solving Assignment Law

Problem Solving Assignment

Question 1

i. According to the information provided regarding the aviation accident that Margo was involved in and who was responsible for that failure, I can advise her. My advice will help Margo on the actions she needs to take and what she needs to show to be successful in her claim concerning the cause of the accident (Pearson & Riley, 2016). First, she needs to reach out to aviation attorneys who have extensive resources to usher an aviation case that may seem complex, like this one. The attorneys help guide the case from the beginning to a resolution. They offer guidance on handling aviation cases like accidents, like the head injuries Margo sustained.

Admittedly, building a case relating to an aviation accident may be challenging because of the severe damages suffered due to impact, which can obscure evidence. It can make it challenging to develop a compelling case that reveals what caused the injuries; this is why an aviation attorney is vital(Pearson & Riley, 2016). They are well versed with ways of positioning cases correctly when settlements are done and during trials and helping seek fair and efficient resolutions about the claims. In this case, the attorneys will help Margo claim that John from Alpha Bravo Maintenance was the root cause of the accident. This is following that he did not take action even after several recall letters from right Bros Spares Pty Limited. He had been asked to exchange the batch of parts, and because he did not carry out his duty, there was an engine overhaul.

It is possible to have Margo's case resolved through the lawyers who handle the aviation case according to Margo's best interests. This is because they have the skills to have the negotiations of insurance settlements closed and weigh if a case will have a better outcome.

Since most aviation accidents stem from equipment or mechanical failures, Margo should provide evidence from Wright Bros Limited showing the many recall letters sent to John, which would help because Alpha Bravo Maintenance would also be liable for the negligence. Also, providing evidence that the accident was due to plane damage will make her claims successful.

ii.

a) As a result of Jeremiah breaching CASR 91.265, his license was suspended however it is possible to have this decision reviewed by CASA. As much as CASA takes strict measures against those who violate aviation guidelines, it aims to give pilots licenses, hence enhancing aviation safety (Pearson & Riley, 2016). According to the Act of 1988 (Cth) (CAA). One of the ways of disciplining the pilots is by suspending their licenses. In most cases, the consequences that follow involve a decision handed down and may not be favorable as the one of Jeremiah. In this case, he can appeal to the Administrative Appeals Tribunal to receive a favorable appeal-like getting back the license. This will be based on him signing up to be careful not to fly an airplane over a populated area below 1,000ft, which is considered misconduct.

b) There are differences between judicial and merits review. Merits review is different from judicial review in a case where the court, which is the reviewer, can have the decision overturned when an under the review in the point where it was not valid (Pearson & Riley, 2016). The reviews from the judicial make sure that the decision-maker in the initial stage followed the principles and had them applied rationally. The primary difference is that in the case of judicial review, the court, which is the reviewer, should accept the original conclusions of the decision-making and the discretion of the decision-maker.

The benefits of this are that under the judicial review, the reviewer is empowered when a relevant error is identified. On the other hand, the reviewer under merits review may consider the new evidence based on the legislation that authorizes the evaluation.

Question 2

During the 1944 Convention held in Chicago, two primary considerations were discussed by the fifty-two states in attendance. The purpose that was set forth included; international civil aviation development. It had to do this in a safe and orderly manner to ensure that services of air transport would have an establishment (Pearson & Riley, 2016). The established would have the basis of equal opportunities and those whose operations were sound and economical. The other consideration was the formalization of expectations to help in specializing in International Civil Aviation organizations. This would assist in the organization being established to have the international cooperation that was extensive be organized and supported. Global air transport would require this network.

The mandate of ICOA even now had some services derived from that (Pearson & Riley, 2016). The services were to help states achieve a degree of high uniformity, which was possible in the regulations of civil aviation, procedures, standards, and organization. As a result of delays in the ratification of the convention, the conference held in Chicago helped in the signing of an Interim Agreement which helped in the formulation of Provincial(ICAO). It would assist as a coordinating and advisory body temporarily.

Question 3

According to the description provided about her encounter with Coco Airlines, the case of Harriet needs compensation (Pearson & Riley, 2016). She sustained so many injuries, and the ordeal's impact has affected her greatly. Therefore, it is fit for her to take any action against Coco Airlines due to her mental illness and the DVT condition she is suffering from. This is following her support from her brother, who confirms that she had a good case and should therefore seek legal action against the airline. I will advise her accordingly on whether she should seek $900,000 compensation from the same airline.

First, compensation is liable to those involved in a plane crash, and it is possible to have a crash victim contact the accident attorney. Therefore I would advise Harriet to make a follow-up on the compensation. This happens if the cause is due to the airline's negligence and its staff. Concerning Article 21 in the Montreal Convention, if a plane passenger is injured, the airline is then supposed to compensate approximately $1,74,100 at current rates drawings that are special to every passenger. If the victim demands a higher compensation than this, the airline can contest against the request by the victim. If it is discovered that the damages caused were not due to the airline's negligence, then the amount to be compensated is considerably low (Pearson & Riley, 2016).

It should be noted that an airline cannot contest a claim concerning compensation that is within the limits of maximum value according to the treaty of the Montreal Convention. Harriet requesting compensation of $900,000 may not be possible since this is beyond the limit, which is $138,000 according to the 2009 article limit as identified by International Monetary Fund. However, according to the revised Montreal Convention in 2019, in Article 21, compensation of passenger damage 128, 821SDRs which is equivalent to $179,009 US dollars. This is beyond the limit, and the airline is likely to contest.

In the case of insurance coverage, there is a certain level at which compensation is done around the world (Ratajczyk, 2014). These insurance companies usually pay compensation to the plane crash victims. The final coverage is according to the airline coverage of the casualty. Accidents involving international airplanes draw their terms from international treaties. So the guidelines of the compensation concerning insurance differ.