Windy City Balloon Port operated a balloon launching fa­cility offering public c

Question

Windy City Balloon Port operated a balloon launching fa­cility offering public commercial sightseeing flights in hot-air and helium balloons owned by third parties. Windy City sold tickets for the bal­loon rides for $100 to $150 per person per ride. The pilot of the balloon would receive $60 to $70 directly from Windy City for each ticket sold but otherwise received no considera­tion from Windy City. Although Windy City provided refueling and repair facilities for the balloons and canceled balloon flights when the weather conditions were unsafe, Windy City had no control over the balloons after they departed from the balloon launch. On August 15th a hot-air balloon piloted by James departed from a launch­ing site at Windy City. It was carrying five passengers—Kenneth, Terry, Brian, William, and Harry. Shortly after takeoff, the bal­loon struck power lines and crashed to the ground, killing James, Kenneth, Terry, Brian, and William. Harry survived, but sustained severe burns and injuries. In a lawsuit filed by representatives of the deceased passengers and others, one of the issues was whether Windy City and James were involved in a joint venture. How should the court rule?

Explanation / Answer

Case 1:

If windy city is involved in JV with the pilot, then windy city is liable to the extent of their share of profit in the venture so, is the case with the pilot on an average which comes out to be 125 if ticket were sold from the range as specified. If they paid 65 to the Pilot on an average. so accordingly, liability can be fixed upon it, But it is important to see who actaully owns the balloon and was he flying with all legal requirements as required by him or not. If he flew the Balloon as pilot in the scenario would fly and as a result Mistake made by him during the same is tenable or not is need to be inspected in the same, If balloon was flied by him as a reasonable pilot would fly but same incident happened then he is not liable, but if the case is otherwise he is liable to the extent of earnings. Windy city is also liable for the amount it charged for balloon ride in case default is on the part of windy city and defendant can prove the same.

Case 2: If pilot and windy city are not in JV

If pilot and windy city donot have any kind of JV then pilot is responsible for the amount charged, but again it needs to be proved that the problem occured as a result of negligence on the part of the pilot, if same is not provable then pilot is not guilty, but if the same is not provable then no money can be recovered.

As, in the case of ola and uber cars also company is not liable for whatever actions are done on the part of driver's and company is not responsible for any mishappenings on the part of the car owner's as they are not the employee's of the company. Ola and Uber act as agent of the Driver which in this case can be referred to as the principal, so the case of same principal and the agent can be elaborated on the same.

Please refer to the link below for details on the case but same I have explained you in case of principal agent relationship. But ruling by the illinios court is also given.

Here is the link: http://law.justia.com/cases/illinois/supreme-court/1993/74914-7.html

Related Questions

Navigate

• Browse (All)
• Browse W
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.