Research Paper on Aviation Law: Exploring Regulations & Responsibilities

Introduction

Aviation is one of the most strictly regulated human activities. The people working in the aviation industry need to familiarize themselves with the laws and regulatory responsibilities governing aviation practices. Importantly, the sector is diverse, which explains the technical and complex regulations. Throughout the course, we have studied aviation law, which contains all the legal aspects and rules governing the industry. Therefore, this paper is a reflective diary on the course of aviation law studied this semester.

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Importance of Studying Aviation Law to the Aviation Industry and Personal Views on the Content Covered Throughout the Course

Every country in the world today has a set of rules that its citizens and visitors should follow. Law is essential since it aids in the maintenance of order within society. More so, Zeroo (2016) argued that laws are crucial in promoting positive relations among people. Without regulation, community progress would be limited. In addition to that, the non-existence of law would result in increased chaos and violence. The same applies to the aviation industry. The lack of rules governing the sector would result in an array of issues. The importance of studying law to the industry is to ensure that the persons working in the field abide by the rules and regulations for enhanced operations. According to Zeroo (2016), being successful in the aviation industry entails understanding and following the set laws and regulations. One of the reasons is that the number of accidents is likely to reduce when rules are followed, particularly maintaining communication with the people in the control towers. Understanding these laws is a stepping stone for success in one's aviation career.

The content covered in the aviation course is very informative. Importantly, the course covers the different forms of law governing the aviation industry, coupled up with some case studies that foster an understanding among the learners. Besides, the content is systematically arranged since a student starts by understanding the law and the reasons for the formation of law. As the course progresses, a learner familiarizes him or herself with the history of aviation law, which forms the basis of knowledge on the importance of aviation law. Asides from that, the course content is crucial since it teaches on the different forms and aspects of aviation law that familiarizes a learner with the regulations governing the industry in Australia. In the end, a learner grasps the content taught and is likely to apply it in the industry in the future.

Areas of Law Considered in the Lecture

The lecture considered three areas of law that include equity, common, and statute law. The definitions of common law provided are the law made by judges, especially during disputes in courts. In other words, the form of code could be defined as judge-made laws. However, this form of law created some hardships over the years in Australia. Thus, this prompted the formation and creation of equity law that sought to solve the issues of injustices arising from common law. With this in mind, one can claim that common, and equity law often goes hand-in-hand. The last form of regulation is statute law, which is a form of law created by parliament, leading to the formation of an act. The code is often superior to common law. It is worth noting that common law usually applies in areas that are not covered by statute law.

Legal Principles or Elements Considered

The lecture considered a variety of legal principles and elements. First, it includes civil law. Civil law originated from Roman law and is described as a legal system within which a judge is tasked with the role of finding the truth. In this system, a judge investigates the facts submitted to the court. In addition to that, the judge questions witnesses, challenges the existing evidence, and direct investigations as well. The current jurisdiction is legally binding in civil law, and the judges interpret the law other than developing it as it is the case in the common law. Thus, this explains the difference between civil and common law.

The second legal principle studied in the lecture is contract law. Contracts are prevalent in society today and often define the responsibilities of every individual. Almost all situations in the world today tend to revolve around deals, which are inclusive of the aviation industry. The lecture articulately defines some of the contractual obligations of pilots, maintenance engineers, and passengers. For instance, a pilot is obligated to fly the passengers safely and to avoid causing any unlawful and intentional destruction to flights. Passengers, on the other hand, are mandated to avoid operations and activities likely to affect the safety of other passengers in a plane and avoid actions such as smoking. Lastly, maintenance engineers are bound by the contracts of ensuring that the flights have no issues and are in good condition before taking off. Contract law is essential in ensuring that every individual remains obligated and accountable in the aviation industry.

The third legal element discussed is tort law. As Zeroo (2016) argued, tort laws refer to regulations that involve civil wrongs. From the lecture, tort law applies in the event of a breach of duty by providing a solution to the right of damages. The main objective of the law is to offer compensation. A contract in the aviation industry, for example, will require pilots to perform their duties by ensuring that every individual reaches the set destination safely. In a situation where the pilot does not abide by the contract, a case of negligence covered by tort law could result. Negligence is a term describing a situation or act of damage caused by the lack of an individual to perform their required skill or duty. In this case, a complainant can file a lawsuit suing for the damages caused by the pilot's negligence under tort law.

Cases Considered

The lecture utilizes a variety of case studies to facilitate the understanding of aviation law. The first case used was that of Carlill vs. Carbolic Smoke Ball Co. to foster an understanding of contract law ('Carlill v Carbolic Smoke Ball Co.,' 2018). From the case, Carlill purchased a product, Carbolic Smoke Ball, which the company claimed to prevent coughs, influenza, asthma, and related condition. However, on the purchase of the product, the plaintiff contracted flu. Mrs. Carlill sued the firm for breach of contract. The ruling of the court affirmed that the company violated the agreement considering that the advertisement constituted a promise that upon purchase of a product, the smoke ball would cure a user of the illnesses mentioned.

The second case describing contract law is that of Leonard vs. PepsiCo. The plaintiff, Leonard, claimed that Pepsi violated a contract after failing to give him the harrier jet for having 15 Pepsi points and substituting the remaining points with money ('Leonard v. Pepsico,' n.d.). The court held that Pepsi Company was not at fault since it did not direct that anyone with the required points would get the Harrier jet. Besides, the attitude used in the commercial was enough to make a reasonable person understand that the company would not offer a Harrier jet to the users.

Similarly, in the year 1952, an airline was contracted to fly Horabin to an international trip under the Warsaw convention in the case, Horabin v. British Airways Corporation [1952] 2 All ER 1016 (Guerreri, n.d.). From the contract given by the convention, damages were limited to 3000 euros. However, the convention claimed that the amount for the costs did not apply in the event of willful misconduct. However, the court ruled that the element of willful misconduct was absent since willful misconduct applies to situations where the accused commits misconduct willingly.

In explaining the duty of care under tort law, the case on Qantas Airways Ltd. V. Cameron was utilized in the lecture. From the example, Cameron and other passengers had booked non-smoking seats, but they were placed in smoking seats ('Qantas Airways Limited v. Cameron,' n.d.). The smoke inhaled during the travel caused them to develop some infections. The airline was held responsible in court due to negligence with claims that it ought to have protected the health of the travelers by ensuring that the environmental smoke did not cause any harm to them.

Important Points Highlighted in the Lecture

The lecture highlights some critical points. They include the difference between statutory and common law. When studying aviation law, it is crucial to understand the difference between statutory and common regulations, which are the most common laws in Australia, to understand how the effectively apply in the aviation industry. Another essential point entails the acts in the constitution containing the legislation pertinent to aviation. Mainly, this fosters an understanding of the legislation guiding the behavior and actions of persons working in the aviation industry. Other critical points relate to contract law, which allows a student to gain knowledge on the contracts binding persons within the sector and the consequence of the breach of agreements.

Additionally, the lecture raises points such as the tort law and its constituents. The tort law provides some solutions to any acts of negligence, trespass, and breach of duty of care that an individual within the industry may commit knowingly or unknowingly. It is worth noting that the lecture provides comprehensive details on the aviation industry, which equips a learner with the required codes and laws governing the industry.

Conclusion

To conclude, the lecture on the laws governing the aviation industry is essential in ensuring that learners willing to join the industry in the future are equipped with the expectations and behavior required. Requirements in the aviation industry are crucial in facilitating smooth operations by avoiding issues of negligence, trespass, and breach of duty care, to mention a few.

References

Carlill v Carbolic Smoke Ball Co. (2018). Retrieved from https://www.lawteacher.net/free-law-essays/contract-law/carlill-v-carbolic-smoke-ball-co-contract-law-essay.php.

Guerreri, G. (n.d.). Wilful misconduct in the Warsaw convention: a stumbling block? McGill Law Journal, 6(4), 271. Retrieved from https://lawjournal.mcgill.ca/wp-content/uploads/pdf/578829-guerreri.pdf

Leonard v. Pepsico. (n.d.). Retrieved from https://www.casebriefs.com/blog/law/contracts/contracts-keyed-to-murphy/the-bargain-relationship/leonard-v-pepsico/.

Qantas Airways Limited v. Cameron. (n.d.). Retrieved from https://www.tobaccocontrollaws.org/litigation/decisions/au-19960830-qantas-airways-limited-v.-came.

Zeroo, F. (2016). The Role of International Conventions in Aviation Law. Retrieved from https://www.researchgate.net/publication/314245546_The_Role_of_International_Conventions_in_Aviation_Law