AN APPRAISAL OF LIABILITY REGIME FOR REDRESS AND COMPENSATION FOR VICTIMS OF AIRCRAFT ACCIDENTS IN NIGERIA
- Project Research
- 1-5 Chapters
- Abstract : Available
- Table of Content: Available
- Reference Style: FOOTNOTE / ENDNOTE
- Recommended for : Student Researchers
- NGN 3000
ABSTRACT
This reach work “entitled the liability Regime for Redress and Compensation for victims of aircraft Accidents in Nigeria.” Revealed that aircraft accident is a recurrent decimal world over, and in particular, plane crashes result in a number of casualties, affecting both passengers and other non-passenger victims, hence the problems of who is a victim, when does a passenger embark or disembark an aircraft for the purpose of been compensated within the legal regime. The research work analysed relevant provisions of the convention for the unification of certain Rules, relating to international carriage by Air, known as Montreal Convention 1999, the Civil Aviation Act of Nigeria 2006 and various judicial authorities within and from outside the jurisdiction. The relevancy and the legal efficacy of the report of the Accident investigation report is equally an existing problem affecting the compensation regime. The research work argued for a rationality of compensating victims in the analyses of the relevant provisions dealing with compensation of aircraft accident in Nigeria. The research work reveals that only passenger victims are covered by the law for the purpose of compensation while other categories of victims are not known to law for compensation, particularly under the Montreal Convention 1999 which gave birth to the Civil Aviation Act 2006. Similarly, it also reveals that compensation status of passengers in a private jet and state aircrafts are not statutorily defined as the law completely silent on the liability of private aircrafts owners in Nigeria. The main objective of the research work using doctrinal approach is to appraise and analyse the existing legal frame works on the liability and compensation of passengers and non-passenger victims with the view of providing more pragmatic and flexible legal regime that encompass all categories of victims. Consequently, the research work among others finds that the current legal regime did not sufficiently cover all categories of victims in terms of compensation. It therefore recommends among others that Articles 17, 21, 28, 29, 30 of the Montreal Convention 1999 and section 48, 49 and 39 of the Civil Aviation Act 2006 be amended accordingly. The research work also recommend that the existing legal regimes required legislative overhauling to widen the present scope of the liability regime to cover more classes of victims and explicitly analyse key terms such as the words embarking and disembarking the aircraft and put an end to the constantly conflicting judicial interpretations of such terms. It also finds that the report of the Accident investigation report is rendered worthless by section 29 of the 2006 Act and that the desire of some victims to pursue higher compensation is rendered ineffective.
Related Project Materials
SOLVING UNEMPLOYMENT PROBLEM THROUGH THE ESTABLISHMENT OF SMALL SCALE INDUSTRIES (SSIS)
BACKGROUND OF THE STUDY
The small scale industries (SSIs) form the bedrock of the economic growth in ev...
AN EXAMINATION ON THE IMPACT OF GUIDANCE AND COUNSELLING ON THE ACADEMIC PERFORMANCE AND TRANSITION RATE OF SECONDARY SCHOOL STUDENTS
ABSTRACT
This study was carried out to examine the impact of guidance and counselling on the acade...
PSYCHOACTIVE SUBSTANCE USE AMONG PSYCHIATRIC OUTPATIENTS OF A TERTIARY HOSPITAL IN NIGERIA
ABSTRACT
Psychoactive substances and mental illness is a common comorbidity with poor treatment outcome on patients in some parts of the...
ACCEPTANCE OF LEARNING MANAGEMENT SYSTEMS: A PERSPECTIVE OF NORTHERN NIGERIAN STUDENTS
ABSTRACT
Access to the internet in developing countries is on the increase due to the declining cost of internet subscription and the ava...
THE EFFECT OF EFFECTIVE CONTRACT PLANNING ON CONTRACTORS PROFIT
ABSTRACT
Effective contract planning in construction projects is not only crucial to attainment of project objective...
THE ROLE OF FORENSIC ACCOUNTING IN FINANCIAL STATEMENT IRREGULARITIES
Abstract: THE ROLE OF FORENSIC ACCOUNTING IN FINANCIAL STATEMENT IRREGULARITIES
This study investigates the role of forensic accounting i...
AN EXAMINATION OF THE LINK BETWEEN LEARNING PATTERN AND ACADEMIC ACHIEVEMENT OF STUDENTS
BACKGROUND OF THE STUDY
For some time, educational researchers have been examining the techniques by wh...
THE CHALLENGES OF THE INTERNET IN TODAY'S NIGERIA BUSINESS ENVIRONMENT
Background of the study
A stud...
THE CHALLENGES OF MODERN AUTOMATION ON THE JOB PERFORMANCE OF SECRETARIES IN FINANCIAL INSTITUTIONS
Background of the study
Work was the major activities of man before the industrial revolution, that was the period...
ANALGESIC AND ANTI-INFLAMMATORY STUDIES ON METHANOL ROOT EXTRACT OF ANDROPOGON GAYANUS KUNTH (POACEAE) IN MICE AND RATS
ABSTRACT
The plant Andropogon gayanus is employed in herbal medicine for the treatment of various disease conditions. The dried root of t...
