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# Black Letter Law and Case Law

This Question must be answered using Black Letter Law, Case Law and should contain an analysis and conclusion.
Peter L’Etudiante, a student pilot, was taking lessons under 14 CFR Part 61 from an appropriately licensed and current Certified Flight Instructor, Igor the Instructor. The instruction took place in a Cessna 172N model built in 1978 and was owned by the local Fixed Based Operator. After Peter’s fourth flight, Peter was taught the importance of following the check list before, during and after each particular phase of flight by his instructor, Igor.
After shut down, Peter was distracted by Igor’s talk about Igor’s new love and how much he wanted to spend time with her that night. Peter did not shut off the magnetos, but did shut of the master switches pursuant to the checklist Peter was required to follow.
The next pilot, Alice Pilot, was a commercially licensed pilot working on her initial CFI license with Igor the Instructor. Alice overheard Igor’s talk about his new flame, and Igor told her to do the walk around quickly as he had a date right after their instruction flight. She started the preflight inspection without using a checklist and she went immediately to inspect the propeller. As she was inspecting the “carb” intake area, she placed her head right under the prop and the prop spun with out warning causing severe head injury to Alice.
After Alice was in the hospital for several months she was finally discharged. After she was discharged, she was unable to work as a pilot due to her injuries and she went to see a lawyer to see what possible relief she has because of her accident.
What causes of action, if any, does Alice have against Igor the Instructor (State the correct issue, area of law and black letter law)?
What causes of action, if any, does Alice have against Cessna (State the correct issue, area of law and the black letter law)?
What causes of action, if any, does Alice have against Peter the Student Pilot (State the correct issue, area of law and black letter law)?
What Defenses, if any, does Igor the Instructor have against Alice?
What Defenses, if any, can Cessna raise against Alice?
What defenses, if any, can Peter the Student Pilot Raise?
Who will likely prevail in a lawsuit of Alice vs. Igor the Instructor and why?
Who or what entity would normally would pay for any damages?

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Category: Sample Questions