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1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report.

This media report is based on the article from 31/07/2019 by Robyn Ironside Widow sues CASA over Tiger Moth pilots fatal crash

Tort Law

The main aspect of this article is that a pilot and passenger lost their lives as a result of a wrongful decision made when the Civil Aviation Safety Authority (CASA) approved unsafe parts for their plane; this falls under tort law. This law is extremely relevant to the widows case as the law of torts allows the victim to recover damages from the person (or in this case organization) who has committed the tort (Graw, Stephen, David Parker, Keturah Whitford, Elfriede Sangkuhl, and Christina Do. Understanding Business Law. 3rd ed. 2017). It is stated in the article that the Civil Aviation Safety Authority approved the safety critical part of the aircraft that failed (Robyn Ironside), further enhancing that this incident falls under tort law.

Administrative law

CASA is an administrative agency as it is a government-run body that has the authority to carry out the implementation of an act (or set of acts) of their countrys parliament (Joseph Vining 1992). The way CASA carries out and implements these laws and acts are relevant to administrative law. The purpose of this agency is to regulate Australian aviation safety and the operation of Australian aircraft overseas (CASA 1995). CASA explains in their Who we are section of their website that their role is described in the Civil Aviation Act 1988. Section 3A, paragraph 1 of the Civil Aviation Act 1988 states, The main object of this Act is to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents. There is clearly an administrative legal issue within this article, as CASA has not enforced the Civil Aviation Act by allowing unsafe aviation parts to be improperly assessed and passed as usable.

Contract Law

It is explained in the article that CASA had a hired engineer who approved the replacement tie rods. This falls under employment contract law the engineer had an employment contract that would have stated his job role. The contract would also allow the engineer to not be directly charged for the incident as it is stated that they were operating within a CASA approved system (Robyn Ironside). The engineers job obligations and CASAS employment obligations (e.g. having systems in place to prevent employee accidents) within their contract allowed the engineer to have rights when incidents such as this one occur.

Corporations law

CASA as a company has to follow the rules and guidelines of the corporations law. This law enforces the obligation that companies, including CASA, have to work within the law. The article explains that CASA claims to follow the Civil Aviation Act 1995 which is a set of guidelines aviation companies have to work within to ensure the safety and wellbeing of those they are responsible for.

2. The law serves a number of different functions. It:

Ensures reasonable predictability in daily life;

As an employee, contracts ensure reasonable predictability within a working environment. Employee contracts are legally binding contract that allows employees to know their job obligations and rights. As an employer, these contracts give the reassurance that their staff will work within their stated guidelines and whatever else the job may entail. Therefore, contract law provides great reasonable predictability in day-to-day working life.

The article mentions an engineer who was hired by CASA to complete the role of (in this case) checking parts for aviation purposes. This contract allowed the engineer to have a formal guideline formed by their employer (CASA) to follow, which will ensure that the rights of the engineer are protected as long as the employee follows the contract, as they did.

Encourages and discourages certain conduct;

The law provides a guideline for how people and companies are expected and legally supposed to act. In regards to CASA, corporate law enforces that their mistake in approving unsafe aviation parts results in them being sued by the widow of the pilot. CASA being sued is an example of what would discourage certain conduct; in this case, it discourages wrongful approving and negligence when it comes to safety precautions.

This is also an example of encouraging certain conduct, as the law allows and encourages people to fight for what they believe is fair in order to get justice. In this case, the widow sues CASA for the negligence that caused her husbands death.

Grants rights and powers to individuals and groups of people;

Administrative law governs the actions and decisions made of government decision-makers. Administrative law also allows individuals the right to appeal these decisions. The approved system that CASA was using during the time of the Rae incident to assess aviation parts was proved to be inefficient and dangerous as it did not take into account other aspects that could hinder the part’s reliability (ATSB 2013). Administrative law would then allow Mrs. Rae to appeal for a new system to be set in place that would guarantee a safer inspection and assessment of aviation parts, which gives future pilots and passengers a more assured right of safety.

Imposes obligations on individuals/organizations to meet their legal responsibility; Allows for the enforcement of recognized rights and duties; and

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