Legal Terms? - sport aviation
I want what legal action that the law takes in this case can know:
Jones, seventeen, signed a contract with Sport Aviation, Inc. for the use of facilities for parachuting. Included in the contract to a non-use and a clause exempting aviation Sport of any responsibility. Shortly after the signing of the Treaty, came at the age of Jones. Ten months later, during a parachute operation, the machine crashed shortly after takeoff, which grievous bodily harm to Jones. Jones continued neglience Sport Aviation. Jones is the right to compensation? Why?
Saturday, February 20, 2010
Sport Aviation Legal Terms?
3 comments:
This may depend on the state, but if I understand correctly, 17 years, lacking the capacity to contract, and therefore to sign a contract before the age of 18 will be canceled at the request of the child, this means that you are can deny, and without the exercise of its contractual obligations without liability for infringement.
However, it may terminate before the age of 18 years, after reaching 18 is that the treaty be ratified and will be immediately binding upon their arrival, without report, majority of work.
So I would not say to evacuate, he is not entitled to compensation because the treaty was ratified in force.
There are some legal doctrines involved in this case
First, the plane crash:
res ipsa Loquitor, "the thing speaks for itself, even without direct evidence of negligence, accident, an accident of general aviation is not without some kind of negligence by the pilot or the plane. Since the aircraft in total control of the Sport Aviation , the evidence of the alleged offenses.
Secondly, I'm not sure what you want from a contract "mean nothing". Does this mean that the contract provided that Jones did not use the equipment?
Third, the treaty has a clause of liquidated damages, "liberation of recreational flying all responsibility." It is a positive defense to liability claims. These are generally legal, at least statE or federal law prohibits the taking of risk. The clause does not apply to the part of the parachute and not the use of the aircraft. Under the assumption is that the contract is valid for that term, then recover Aviation's liability exemption would shift the burden of Jones.
Fourth, Jones was a child (children) at the conclusion of the contract, the contract is not void, but voidable. It is a defense against enforcement of the clause of liquidated damages. It is a defense of lack of consent of the reason for the failure to conclude a contract with the state of minor importance. As a rule requiring that the person concerned is that a contract for the majority. On reaching adulthood, is the first child to test limited to the market. If this fails, is affirmingtion of the original words as an adult. What is a reasonable time for the court, but Jones had 10 months left to terminate the contract.
Fifthly, the right to damages for negligence, the plaintiff must establish duty, breach of duty, the violation of the rights of the plaintiff was a direct cause of injury (physical or economic), and that the plaintiff suffered actual damages (damages) lesions. Sport Aviation has provided the duty of a secure environment in accordance with the various federal laws. This will be introduced by the Federal Aviation Administration. Sport Aviation is paid a violation of their obligations by the doctrine of res ipsa Loquitor general level, because accidents do not happen without negligence. The crash of the friction is the immediate and direct causalthe plaintiff has violated, in the absence of evidence of any negligence by the plaintiff or the comparative negligence made by the aircraft manufacturer or third. Jones injury after the accident, medical expenses, loss of current and future wages, pain and suffering.
Sixthly, if the contract is improper or illegal (eg, in violation of Federal Regulations), Jones was a complaint against the contractual liability of the sport air file and can get punitive damages.
Seventh, the federal law is a specific request for damages by a federal law (for instance, FELA railroad injury or CER). The violation of a statute is negligence per se claim. Only a negligence per seAnalysis, if a security clearance.
This may depend on the state, but if I understand correctly, 17 years, lacking the capacity to contract, and therefore to sign a contract before the age of 18 will be canceled at the request of the child, this means that you are can deny, and without the exercise of its contractual obligations without liability for infringement.
However, it may terminate before the age of 18 years, after reaching 18 is that the treaty be ratified and will be immediately binding upon their arrival, without report, majority of work.
So I would not say to evacuate, he is not entitled to compensation because the treaty was ratified in force.
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