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The Research On The Breaching Liability Analysis Of Civil Flight Delay

Posted on:2015-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:J F SuFull Text:PDF
GTID:2296330422981613Subject:Law
Abstract/Summary:PDF Full Text Request
Flight delay is common in the civil aviation. The delay problem causes predicament to both airlinecompanies and tourists. A lot of the reasons may cause the flight delay, for example, the weather, air control,mechanism glitch, tourists’personal issues, and the fake bomb which appears in the recent years. Amongthese reasons, some are caused by the airline companies. Some are out of their control. As long as the delayhappens, the default responsibility will comes also. It is not always a satisfactory result in the dailyoperation when the complaint and the compensation from the tourists are claimed. This is because we donot have a precise definition of the flight delay, nor is the explicit relevant regulations in our law. Thisambiguous definition and the lagging phenomenon cause that the interest-related parties usually fail toreach a common agreement but conflicted issues instead. From an overview of the delay responsibility andthe practice in the daily life, airline companies usually use their comparatively stronger status to conduct anpassive, or doing-nothing behavior; Tourists usually cannot claim a proper lawsuit because of lacking arelevant regulations. Even if the lawsuit is proposed, it might be out of emotion and sense only. Sometimes,an unreasonable physical conflict might also happen as out of no choice. Thus the writer here concludes: Ifsuch a situation happens, first of call, the delay should be categorized clearly; Second, the responsibilityshould be explicit and concise; Furthermore, relevant legislation should be supported and guaranteed. Onlyin the above ways, the responsibility, the conflict and predicament of our air flight delay can be settledeffectively.
Keywords/Search Tags:Flight delays, Breaching liability, Responsibility assumption, Legislation perfection
PDF Full Text Request
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