I said that was going to be my last post on any and all issues of this thread but I left something out of my original post.
I drafted the accident with very careful wording to relate the issues to the article reference by Brian. The buyer was not an experienced home builder.......were the seller and buyer then "in an equal bargaining position" thereby making the excultatory agreement not just voidable but void? The husband died in the crash, as per the reference article the author states, "Most states will not allow a spouse to sign away their husband's or wife's right to sue for wrongful death". Does the exculpatory agreement void the surviving spouse's right to sue? The techniques used by you in the prop construction was based on one article posted by EAA, which did not conform to a slightly more prudent level of construction well documented by numerous other articles on the subject which would have been available to the builder. The builder in this case, made a financial decision which dictated the level of quality. If negligence is claimed, I quote the article once again, "Many courts will not honor these agreements if the negligent actions of a party also constitute violations of law, because while a private party may agree to release you from your own negligence, the courts have an interest in penalizing violations of the law". As you can see, my very short, but concise, discription surrounding a fictional airplance crash raise several important issues. The scope of this is very, very narrow. Once again, this is it for me. I should have known, whenever this type of discussion takes place, it will always revert from issues intended for discussion, to an umbrella discussion of the wrongs of the system. I have been very, very careful in not dispensing advice. I have merely pointed out issues to be considered and pointing out sink holes one may fall into. The article is only 13 pages longs covering an issue so vitally important to anyone considering a leap into this venue. In not dispencing advice, my points do not constitute legal advice and cannot be relied upon by those privy to such. As the article says, "Anyone with an aviation law problem should be guided by the advice of his or her lawyer, under applicable federal and state laws, after a FULL and confidential DISCLOSURE OF ALL RELEVANT FACTS". This is truly the end of the line for me in discussing legal issues, of any form, from here on out. Dana Overall Richmond, KY RV-7 slider/fuselage http://rvflying.tripod.com do not archive > _________________________________________________________________ Help STOP SPAM with the new MSN 8 and get 2 months FREE* http://join.msn.com/?page=features/junkmail
