How are the laws of aeronautical liability determined?
In Delaware, the laws of aeronautical liability are determined by case law, statutes, and regulations from various national and international organizations. Case law establishes prior court decisions as precedents for future decision-making, while statutes are laws enacted by local legislatures that define the scope of their legal powers and responsibilities. Regulations are written procedures or rules established by the Federal Aviation Administration and other aviation-related organizations that govern aeronautics and flying. The liability of the aircraft pilot or owner is also determined by the type of aircraft and the airspace the aircraft is flying in. The rules and regulations in the Federal Aviation Regulation FAR Part 91 provide a general guide for safe flight operation by pilots. If the aircraft is flying in restricted airspace, additional laws may apply. In Delaware, the State Court of Chancery has the authority to issue orders or judgments that govern aeronautics and aviation liability. These orders may modify existing legislation or set new standards for the industry. Finally, international bodies such as the International Civil Aviation Organization and International Air Transport Association provide a framework and guidance for air safety and aviation liability standards. These organizations are responsible for establishing safety standards and procedures for all international flights. Overall, aeronautical liability in Delaware is determined by a combination of case law, statutes, regulations, and international agreements. It is important for aircraft owners and pilots to be aware of their own responsibilities and the rules applicable to their aircraft and airspace.
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