Harriet, a licensed pilot, rented an aircraft from Aircraft Rental Services at a local airport. The.

Harriet, a licensed pilot, rented an aircraft from Aircraft
Rental Services at a local airport. The purpose of the rental was to fly a
friend to a large metropolitan city some 500 kilometres away and return before
nightfall. At the time that she arranged for the use of the aircraft, she
assured the owner that she would leave the city in ample time to return the
aircraft before dark. She paid a deposit for the use of the aircraft and,
accompanied by her friend, made an uneventful flight to the distant city.
Before returning home, however, she spent some time shopping and lost track of
time.
»

Harriet, a licensed pilot, rented an aircraft from Aircraft
Rental Services at a local airport. The purpose of the rental was to fly a
friend to a large metropolitan city some 500 kilometres away and return before
nightfall. At the time that she arranged for the use of the aircraft, she
assured the owner that she would leave the city in ample time to return the
aircraft before dark. She paid a deposit for the use of the aircraft and,
accompanied by her friend, made an uneventful flight to the distant city.
Before returning home, however, she spent some time shopping and lost track of
time. Eventually, she realized that she was behind schedule and hurried to the
airport. The weather report for the return trip was not promising, but she
nevertheless decided to chance the flight. She took off at 4:45 p.m., some two
hours before official nightfall on that particular January night. En route, she
discovered that the weather had deteriorated and that visibility was decreased
by the combination of sundown and low cloud conditions. At 7:05 p.m., some 20
minutes after official nightfall, she found that she could proceed no further,
as the poor weather and semi-darkness made recognition of her route on the
ground virtually impossible. To avoid further difficulties, she made a forced
landing in a farmer’s field, which resulted in damage to the airplane’s
undercarriage. Harriet assumed that the aircraft owner’s insurance would cover
the cost of the repairs. However, she was surprised to hear that the insurance
covered only public liability and not damage to the aircraft itself. The cost
of repairs amounted to $11,165. When Harriet refused to pay for the damage,
Aircraft Rental Services brought an action for damages against her for the
amount of its loss. In her defence, Harriet alleged no negligence on her part,
as the landing was made in accordance with accepted forced-landing procedures
and skillfully executed on her part. She argued that in any forced landing,
some damage to the undercarriage could be expected, and that the mere fact that
damage occurred was not an indication of negligence. The plaintiff brought out
in the evidence that Harriet was licensed to fly under daylight conditions
only. She did not have what was called a “night endorsement” on her licence
that would permit her to fly after dark. The plaintiff alleged that her act of
flying after official nightfall was a violation of Air Regulations under the
Aeronautics Act. Discuss the nature of the plaintiff’s claim in this case, and
the various other arguments that might be raised by the parties. Indicate the
issues that must be decided by the court. Render a decision.

»

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