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American Public Law - Essay Example

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According to Federal Law of Civil Procedure an airline is an scheduled air passenger carrier that falls into definition made in 49 U.S.C 1301(3). The regulations state that the fare charged by airlines from passenger is liable for ticket dates, restrictions and terms and conditions but not about the contract or other negotiated price or any coupon…
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American Public Law
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Download file to see previous pages The settlement agreement and order cannot prohibit Americans from using travel dates that correspond to travel dates placed by another airline on a published government of military contract. This clause helps airlines from escaping from abiding to contract obligations between two parties and the damage occurred during travel without direct or intentional involvement of the airlines staff or management. As the airlines are not compelling the passenger to travel in their carriers on the date fixed on the ticket, the probability of paying of compensation for injuries caused by tort acts that have no enough witness to prove the involvement of airlines is less. However, one can retain the record of the dates of such travel and the specific fares. 1
In general tort litigation has been blamed for liability insurance to excessive levels. This may reduce real wages and overall employment and thus refrains the administrations from incorporating the compulsion of paying for tort injuries by the carriers or managements of the organisations like airlines and other transport organisations. The contexts of tort contexts are even reducing the willingness of corporations and individuals to pay for even reasonable risks. There is a scant evidence for these claims that are paid for. One more reason for absence of compensation for torts of certain instances is due to the serious harm done for the economy during early 1990s. Though the tort is a wrongful act, damage or injury done wilfully, there is a need to prove the intention of the doer in the absence of substantial evidence like in the cases mentioned for this paper. As the injury is not due to breach of contract, or it is not violation of the circumstances that involve strict liability, though a violation exists, the payment of compensation will be much lesser than that expected by plaintiff or in some cases no need of compensation except for medical and legal costs. One suggestion that can arise from the situation mentioned for this paper is that the administration or airlines may suggest an insurance cover for short term travel or an insurance cover for the passengers travelling with an extra charge of fare. Though the Brainair charges extra than other airlines, the non utilisation of services mentioned for that extra charge do not give any chance for the plaintiff to get compensation for the injury he has been inflicted due to negligence or incorrect operation of the apparatus. In general, there are instances of transferring payments from wrongdoers to victims and to have compensation from this aspect, the plaintiff should find the wrongdoer and prove his claim on it. As it has been mentioned that the fall of suitcase on plaintiff's head is not finding enough evidence regarding the negligence of staff or malfunctioning of bin, there is little chance to get compensation, until the plaintiff is able to decide the cause for the fall. If it is due to negligence of the staff, the plaintiff can get transfer of payment from the staff of carrier and if it is due to the malfunctioning of the bin, the brainair can be held responsible for paying compensation. Another aspect that is against the paying for compensation is inflated costs in Tort Costs 2004 report in US. As the approach followed by different organisations and candidates is different, ...Download file to see next pagesRead More
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