Law and policy Test 2

What is an intentional tort

deliberate harm to person or property

Examples of intentional torts

assault, battery, false imprisonment

What is battery

offensive contact- unwanted

Assault definition

fear or apprehension that battery is going to occur

what is false imprisonment

intentionally confine or detain someone against their will

what is a false arrest

imprison somoene against their will under the pretext of the law

what is trespassing

invasion of someone’s land without perms or authority

what is conversion?

you take and assume rights of personal property inconsistent with owner- ie. steal someones car and use it

What is fraudulent misrepresentation?

you sell or buy something the buyer believes to be authentic when it is NOT

What is the standard applied to unintentional torts

act as a reasonably prudent person

what is a breach in relation to unintent torts

failure to abide by duty as reasonably prudent person

What are the two parts to a causation test?

actual/ but for- would it happen if it was but for (THING)
proximate cause- test of forseeability

What are punitive damages

gross negligence/ extreme misconduct- jury seeking to punish someone

Compensatory Damages

lost wages, property, body part
-insurance companies place price on everything!!
-sam darnold leg

what is standard of proof in civil cases?

preponderance of the evidence

what is negligence per se

failure to abide by law

Res Ipsa Loquitur

the thing speaks for itself….. you get surgery and they leave a scalpel in your body

Strict liability

liability imposed regardless of intent due to inherent danger of activity— ie. owning wild animals

Products Liability

Product is used in intentional manner and consumer is harmed in the process- ie. phone battery explodes during use, Mickey D’s hot coffee

ultrahazardous activity

spraying chemicals, traveling with c4 for construction

sudden emergency doctrine

changes standard of reasonably prudent person

assumption of risk

liability waiver

contributory negligence

if you at all are at fault you get NUTHIN

LAST CLEAR CHANCE DOCTRINE

if you have the last clear chance to avoid something that will result in an accident you have to take it

comparative negligence

each person at fault responsible for different % of the accident (sue X for X%)

government contractor defense

contractor not at fault if product was built to specifications

Statues of limitation

only liable for certian amt of time - AL = 2 yr

Statues of repose

bars lawsuits after certain period of time- ie. boeing not resp for a/c prod 18 yr ago

Exculpatory contract

written version of the assumption of risk

I-Law

limitations in what you can go after- U.S never signed it

Vicarious Liability

employer liable for employees action while they are acting within the scope of their employment

how does a civil trial begin and how long do you have to respond?

summons/complaint- you have to have an ANSWER within 20 days

what happen after answer in civil trial

discovery, interrogatories, despositions, motions

what is the common theme through all american law?

we are all liable for the consequences of our conduct

what is an unlimited liability business

people can sue for everything past the businesst

types of unlim liability businesses

sole proprietorship, general partnership (each person liable), limited partnership (one person with personal liability, all others limited risk)

limited liability assets

people can come for ONLY the business

types of limited liability corporations

LLC, LLP, INC, PLLC

what is the duck rule

company walk like a duck and talk like a duck- ALL REF TO BUSINESS NAAME MUST BE CORRECTLY REFERENCED IN ALL FORMS, NOTHING PERSONALIZED, ASSETS SEPARATE!!!

what is a corp liek

little baby pay it tax

Alter Ego Doctrine

if no follow doctrine then your company is juat your alter ego….

what can you do with independent contractors

give them a broad mission and they are contracted for a specific time period

what is hindsight review (IRS)

look back at docs to see if employee was truly independent contractor

what is the difference between an insurance agent and broker

agend = one company, broker = multiple companies

what does an underwriter do in insurance

writes the terms of the insurance - agent/broker is middle man

what is a binder in insurance

something that establishes when the insurance is actually implemented, you need to know how long it is valid for

what is an adjuster

person who assesses damages to assets and gives you an estimate

liability insurance

covers injuries to everyone and damage to property OTHER than aircraft

what is single limit liability insurance in aviation

covers ~10M per accident per person

what is hull insurance

covers the aircraft— 3 types, all risks, all risks while not in flight, all risks while not in motion

pleasure and business purpose of use

aircraft not used for commercial purposes— “company car”

what is industrial aid insurance

company/ business transportation- company owned plane for transporting employees and maybe customers but the aircraft itself is not for hire

commercial except instruction and rental

covers cargo, charters, and mail ops

limited commercial insurance

covers ONLY INSTRUCTION AND RENTAL!!!!

Full commercial insurance

instruction, rental, charters, cargo, etc.

Special use insurance

case by case basis- construction, search and rescue, medivac, fire, banner towing, etc.

what impact do pilot quals have on insurance rates

pilot with more hours may get better rate (more experience)- do not let someone less experienced than you operate your aircraft

what are endorsements in relation to insurance policies

an addition to the policy— if there is someone or something with an interest in your policy, they will know and they will be the first to receive payment

example of endorsements in insurance policies

you have an accident and you took out a loan from the bank— the bank will get paid FIRST since they have a vested interest

what is a waiver of subregation

insurance company is given authority to go after the party at fault to get compensation

what are exclusions in relation to insurance policies

things that are exempt from being paid

war clause exemption

insurance company will not pay for damages caused or related to war

FAR violation exclusion

if the incident is the result of a FAR violation, the insurance company will not pay for the damages caused.

what is loss of license insurance

you will get paid if you lose your certs

what did the GARA act do?

put a time period of manufacturer liability- they are no longer liable 18 years after the products manufacture
mechanics’ insurance skyrocketed (they are now more liable)

what are the duties of an insurance company to YOU in case of a claim

pay up to the coverage amount and potentially defend your case at their expense

what defines a common carrier

represents to public in writing or by conduct that they carry for hire- offer uniform rates and do not deny people service with no reason

what duty of care is owed to domestic pax by common carriers

highest degree of care- foresight

when does the duty of common carriers to domestic pax start and stop?

when you leave the safety of the terminal and when you return to the terminal

what types of damages do domestic common carriers face?

unlimited damages- injury, death, and damage to cargo

what are tariffs in relation to domestic airline liability

outlines what the airline is liable for in relation to cargo- private statues of limitation- the airline cannot use assumption of risk as a defense

where does international passenger airline liability come from? what legislation determines it?

law signed comes from the warsaw convention (treaty) and montreal agreement

what did the montreal convention do? (1999, U.S signed in 2003)

airline liable for first 100k SDRs, full amount of compensatory damages if can prove its not at fault, no punitive damages, 17 SDRs per kilo/cargo/baggage

intl airline cargo defenses

defective cargo/ packaging, act of war, act of public authority

intl airline delays to cargo- what is pai?

4000 SDRs for lost luggage damages, lawsuits can be filed where pax is from

what is common law

body of law created by judges (U.S.. among others)

what is civil law, who uses it?

body of law codified by legislatures- interpret facts and make laws, do not expand on them— greece, germany, france… latin america

what is sovereign immunity

you cannot sue either the federal or state government

Federal Tort Claims Act of 1946

made federal government liable for its own torts and torts of employees

prerequisites for federal torts claim act

employee must be acting under the scope of their employment, and a private employee would be held liable under the same circumstances

Federal tort claims act exceptions

claim in foreign country, combatant activity, incident to military service, exercise of discretionary function

planning vs operational

government was thinking about making a law/ doing something (FTCA cant be filed), or operational- thing failed (FTCA can be applied)

personal liability of federal emoployees

U.S government takes over the case and fed employees are protected from people overtaking their assets

what is state sovereign immunity

sovereign immunity differs depending on the satte- some waive it, most have waived it to some degree and will pay claims to some degrees

what is an excited utterance

blabbering effect after accident

what dont you do after an accident

talk to the press, file a nasa safety report, notify the FAA

aircraft incident system malfunctions

loss of thrust in 2+ engines, loss of cockpit display systems, flight control system malfunction, failure of internal turbine engine component where debris escape outside exhaust, OVERDUE AIRCRAFT, DAMAGE TO HELICOPTER BLADE

aircraft INCIDENT operation related incidents

incapacitated crewmembers, in flight fire, airborne collision, rwy or taxiway incursions, property damage >25k

aircraft incident definiton

occurrence other than accident associated w/ ops of aircraft that affects or could affect safety of operation

what defines an aircraft accident

damage to people- AIRCRAFT WITH PEOPLE ON IT WITH THE INTENTION OF FLIGHT-serious injury (hosp. >48h 7 days) or substantial damage

What do you do after an aircraft accident/incident?

notify the closest field office as soon as practicable, give info you know

what do you do after an aircraft ACCIDENT

file a WRITTEN REPORT NTSB FORM 6120 10 DAYS AFTER THE INCIDENT

What is a contract

legally binding written or spoken agreement between 2+ parties

elements of a contract

offer, acceptance, consideration (money), authority/capacity

what is uniform commercial code

comprehensive set of laws governing all commercial transactions in the U.S

what is model code

code that does not have legal effect unless UCC provisions are enacted by individual state legislatures

Preclosing an aircraft- elements

contract with warranties. finance, title search (AERONAUTICAL CENTER IN OK CITY OK)

what happens during aircraft closing

buyer recieves bill of sale from seller, signs promissory note, signs security agreement, financing statement, and lien releases, pays taxes, registes, and insures it

what is a security agreement

file that outlines what happens if things arent paid

what is a financing statement

details what % youre gonna pay… loan info