6/21/24, 9:52 PM Topic: 3.2 Scenario Discussion: Civil Liability and Business Organizations
c
This is a graded discussion: 100 points possible
due Feb 26
37 76
Scenario Discussion: Civil Liability and
Business Organizations
Module 3
Read
Read the following resources.
Practical Aviation & Aerospace Law | ERAU Hunt
Library - Ebook Central
(https://ebookcentral.proquest.com/lib/erau/detail.acti
on?docID=6273500)
Chapter 4 - Basic Principles of Liability
Chapter 5 - Organizing the Business to Limit Liability
Post
This scenario discussion contains two categories of topics.
Scenario 1: Civil Liability
Scenario 2: Business Organizations
Read through all the scenarios before choosing one to complete.
Post your thorough and complete answers to one of the following scenarios. Provide the
scenario number at the beginning of your post.
Make your original, primary posting by the fourth day of this module week.
,6/21/24, 9:52 PM Topic: 3.2 Scenario Discussion: Civil Liability and Business Organizations
Please read through all sections before proceeding to the next page and refer back whenever
necessary.
Scenario 1 Scenario 2
Civil Liability
While performing an engine overhaul on a customer’s single-engine aircraft, an A&P
mechanic employed by an FAA-certified aircraft repair station is distracted by a telephone
call. Returning to the nearly-completed task, the mechanic replaces the engine cowling
without first securing the oil sump drain plug with safety wire as required by the maintenance
manual. The shop foreman, who holds FAA Inspection Authorization, signs off the overhaul
and approves the aircraft for return to service without noticing the oversight. The owner-pilot
picks up the aircraft and conducts a preflight inspection meticulously following the
instructions in the aircraft operator’s manual. The manual does not mention the oil sump
drain plug, which is not easily visible. The owner-pilot takes off for an engine break-in flight.
While in flight, the drain plug vibrates loose, the engine oil is lost overboard, and the engine
seizes. The pilot makes an emergency landing in what looks like the most suitable spot
within gliding range, a plowed field, where the aircraft overturns. The aircraft is substantially
damaged, and the pilot is seriously injured.
Who is potentially legally liable for these damages and personal injuries, and why?
Please proceed to Scenario 2.
Business Organizations
You are a new mid-level acquisitions manager for a major airline organized as a corporation.
Your boss directs you to select and lead a team of your co-workers in conducting a thorough
survey of the market to identify interesting new projects and developments which might
enable the airline to rapidly and dramatically reduce its greenhouse gas (GHG) emissions
(especially CO2), with a goal of reaching net zero before 2050. At an airline trade show, a
representative of a major aerospace company gives your team a confidential presentation on
a clever and promising technology that the company is working on, one that could provide
the first airline to implement it an opportunity to leap well ahead of competing airlines in GHG
emissions and do so at a competitive price. The rep indicates that the project has stalled due
to a falloff of investment capital attributed to the state of the global economy, but that if an
airline such as your employer were to make the further investment needed by the aerospace
company to bring the technology to market (estimated at $2.5 billion US), the airline would
receive a discount of 15% below the price offered other airlines along with priority for the
purchase of up to the first 2,000 units of the finished product purchased.
,6/21/24, 9:52 PM Topic: 3.2 Scenario Discussion: Civil Liability and Business Organizations
At what level would you expect the airline’s corporate decision on whether to take advantage
of that opportunity? Concisely explain your logic.
Reply
Once you have made your post, reply thoughtfully to at least one of your classmates’ posts who
chose a different scenario category from the one you originally answered. For example, if you
answered the Civil Liability scenario, respond to a classmate’s Business Organizations scenario
or vice versa.
Respond critically and analytically but also politely and professionally.
Express your agreement or disagreement with their analyses and clearly state your reasons.
Watch for, read, and reply to responses made on your initial post.
Refer to the attached rubric for grading guidelines.
This activity supports Module Objectives 1–5 and Learning Outcomes 3 & 12.
(https://erau.instructure.com/courses/154575/pages/module-3-overview-and-objectives)
Search entries or author Unread ✓ Subscribed
Reply
(https:/ Grayson Brunjes (He/Him/His) (https://erau.instructure.com/courses/154575/users/272602) c
Feb 8, 2023
In this scenario, multiple parties could be held liable for the damages and personal injuries.
First, the A&P mechanic who performed the engine overhaul and failed to secure the oil sump
drain plug with safety wire as required by the maintenance manual could be held liable for the
damages and personal injuries. The mechanic had a duty to perform the maintenance work in
accordance with the maintenance manual and industry standards, and the failure to secure the
drain plug was a deviation from these standards.
Second, the shop foreman who signed off the overhaul and approved the aircraft for return to
service without noticing the oversight could also be held liable for the damages and personal
injuries. The foreman, who holds FAA Inspection Authorization, had a duty to inspect the
overhaul work and ensure that it was performed in accordance with industry standards. The
, 6/21/24, 9:52 PM Topic: 3.2 Scenario Discussion: Civil Liability and Business Organizations
foreman's failure to notice the oversight and approve the aircraft for return to service was a
breach of this duty.
Finally, the repair station itself, as the employer of the A&P mechanic and the shop foreman,
could also be held liable for the damages and personal injuries. Employers have a duty to
provide their employees with a safe work environment and supervise them to ensure that their
work meets industry standards. The repair station's failure to ensure that the maintenance
work was performed in accordance with industry standards could be seen as a breach of this
duty.
It's worth noting that in this scenario, the owner-pilot's meticulous preflight inspection, which
followed the instructions in the aircraft operator's manual, is the most that could’ve been
expected from the pilot. The operator's manual did not mention the oil sump drain plug, which
was not easily visible, so the pilot did not have the opportunity to notice and correct the
oversight before taking off. Ultimately, the specific legal liabilities in this scenario would depend
on the laws of the jurisdiction in which the incident took place and the particular facts and
circumstances of the case.
Reply
( http Or El Amor (https://erau.instructure.com/courses/154575/users/401266) c
Feb 18, 2023
Grayson,
I also chose Scenario 1 and got similar conclusions. The specific legal responsibilities in this
situation would be determined by the laws of the country where the occurrence occurred as
well as the unique facts and circumstances of the case. Yet, it is crucial to keep in mind that,
generally speaking, persons who owe a responsibility to do work or provide a safe
environment and who violate that duty may be held accountable for losses and injuries
brought on by their negligence. The A&P mechanic, shop foreman, and repair facility might
all be considered as having a duty to carry out the maintenance work and make sure that it
was done correctly and safely in this case, and their failure to do so could be seen as a
violation of that duty.
Great post,
Or El.
Reply
( http Matthew Gulotta (https://erau.instructure.com/courses/154575/users/2387) c
c
This is a graded discussion: 100 points possible
due Feb 26
37 76
Scenario Discussion: Civil Liability and
Business Organizations
Module 3
Read
Read the following resources.
Practical Aviation & Aerospace Law | ERAU Hunt
Library - Ebook Central
(https://ebookcentral.proquest.com/lib/erau/detail.acti
on?docID=6273500)
Chapter 4 - Basic Principles of Liability
Chapter 5 - Organizing the Business to Limit Liability
Post
This scenario discussion contains two categories of topics.
Scenario 1: Civil Liability
Scenario 2: Business Organizations
Read through all the scenarios before choosing one to complete.
Post your thorough and complete answers to one of the following scenarios. Provide the
scenario number at the beginning of your post.
Make your original, primary posting by the fourth day of this module week.
,6/21/24, 9:52 PM Topic: 3.2 Scenario Discussion: Civil Liability and Business Organizations
Please read through all sections before proceeding to the next page and refer back whenever
necessary.
Scenario 1 Scenario 2
Civil Liability
While performing an engine overhaul on a customer’s single-engine aircraft, an A&P
mechanic employed by an FAA-certified aircraft repair station is distracted by a telephone
call. Returning to the nearly-completed task, the mechanic replaces the engine cowling
without first securing the oil sump drain plug with safety wire as required by the maintenance
manual. The shop foreman, who holds FAA Inspection Authorization, signs off the overhaul
and approves the aircraft for return to service without noticing the oversight. The owner-pilot
picks up the aircraft and conducts a preflight inspection meticulously following the
instructions in the aircraft operator’s manual. The manual does not mention the oil sump
drain plug, which is not easily visible. The owner-pilot takes off for an engine break-in flight.
While in flight, the drain plug vibrates loose, the engine oil is lost overboard, and the engine
seizes. The pilot makes an emergency landing in what looks like the most suitable spot
within gliding range, a plowed field, where the aircraft overturns. The aircraft is substantially
damaged, and the pilot is seriously injured.
Who is potentially legally liable for these damages and personal injuries, and why?
Please proceed to Scenario 2.
Business Organizations
You are a new mid-level acquisitions manager for a major airline organized as a corporation.
Your boss directs you to select and lead a team of your co-workers in conducting a thorough
survey of the market to identify interesting new projects and developments which might
enable the airline to rapidly and dramatically reduce its greenhouse gas (GHG) emissions
(especially CO2), with a goal of reaching net zero before 2050. At an airline trade show, a
representative of a major aerospace company gives your team a confidential presentation on
a clever and promising technology that the company is working on, one that could provide
the first airline to implement it an opportunity to leap well ahead of competing airlines in GHG
emissions and do so at a competitive price. The rep indicates that the project has stalled due
to a falloff of investment capital attributed to the state of the global economy, but that if an
airline such as your employer were to make the further investment needed by the aerospace
company to bring the technology to market (estimated at $2.5 billion US), the airline would
receive a discount of 15% below the price offered other airlines along with priority for the
purchase of up to the first 2,000 units of the finished product purchased.
,6/21/24, 9:52 PM Topic: 3.2 Scenario Discussion: Civil Liability and Business Organizations
At what level would you expect the airline’s corporate decision on whether to take advantage
of that opportunity? Concisely explain your logic.
Reply
Once you have made your post, reply thoughtfully to at least one of your classmates’ posts who
chose a different scenario category from the one you originally answered. For example, if you
answered the Civil Liability scenario, respond to a classmate’s Business Organizations scenario
or vice versa.
Respond critically and analytically but also politely and professionally.
Express your agreement or disagreement with their analyses and clearly state your reasons.
Watch for, read, and reply to responses made on your initial post.
Refer to the attached rubric for grading guidelines.
This activity supports Module Objectives 1–5 and Learning Outcomes 3 & 12.
(https://erau.instructure.com/courses/154575/pages/module-3-overview-and-objectives)
Search entries or author Unread ✓ Subscribed
Reply
(https:/ Grayson Brunjes (He/Him/His) (https://erau.instructure.com/courses/154575/users/272602) c
Feb 8, 2023
In this scenario, multiple parties could be held liable for the damages and personal injuries.
First, the A&P mechanic who performed the engine overhaul and failed to secure the oil sump
drain plug with safety wire as required by the maintenance manual could be held liable for the
damages and personal injuries. The mechanic had a duty to perform the maintenance work in
accordance with the maintenance manual and industry standards, and the failure to secure the
drain plug was a deviation from these standards.
Second, the shop foreman who signed off the overhaul and approved the aircraft for return to
service without noticing the oversight could also be held liable for the damages and personal
injuries. The foreman, who holds FAA Inspection Authorization, had a duty to inspect the
overhaul work and ensure that it was performed in accordance with industry standards. The
, 6/21/24, 9:52 PM Topic: 3.2 Scenario Discussion: Civil Liability and Business Organizations
foreman's failure to notice the oversight and approve the aircraft for return to service was a
breach of this duty.
Finally, the repair station itself, as the employer of the A&P mechanic and the shop foreman,
could also be held liable for the damages and personal injuries. Employers have a duty to
provide their employees with a safe work environment and supervise them to ensure that their
work meets industry standards. The repair station's failure to ensure that the maintenance
work was performed in accordance with industry standards could be seen as a breach of this
duty.
It's worth noting that in this scenario, the owner-pilot's meticulous preflight inspection, which
followed the instructions in the aircraft operator's manual, is the most that could’ve been
expected from the pilot. The operator's manual did not mention the oil sump drain plug, which
was not easily visible, so the pilot did not have the opportunity to notice and correct the
oversight before taking off. Ultimately, the specific legal liabilities in this scenario would depend
on the laws of the jurisdiction in which the incident took place and the particular facts and
circumstances of the case.
Reply
( http Or El Amor (https://erau.instructure.com/courses/154575/users/401266) c
Feb 18, 2023
Grayson,
I also chose Scenario 1 and got similar conclusions. The specific legal responsibilities in this
situation would be determined by the laws of the country where the occurrence occurred as
well as the unique facts and circumstances of the case. Yet, it is crucial to keep in mind that,
generally speaking, persons who owe a responsibility to do work or provide a safe
environment and who violate that duty may be held accountable for losses and injuries
brought on by their negligence. The A&P mechanic, shop foreman, and repair facility might
all be considered as having a duty to carry out the maintenance work and make sure that it
was done correctly and safely in this case, and their failure to do so could be seen as a
violation of that duty.
Great post,
Or El.
Reply
( http Matthew Gulotta (https://erau.instructure.com/courses/154575/users/2387) c
