Tort Action for Violation of a Fiduciary Duty

A person who has a fiduciary relationship with another person commits a tort when he or she breaches his or her fiduciary duty with regard to the other person. The other person is entitled to damages from the fiduciary if he or she sustains damages as a result of the fiduciary's breach of his or her duty.

Liability of Air Traffic Controllers

Air traffic controllers are responsible for the flow of air traffic in and around airports. The controllers must be licensed by the Federal Aviation Administration (FAA). The duties of the controllers are set forth in operations manuals that are prepared by the FAA. The controllers must transmit the information that is set forth in the manuals and must take all steps that are necessary for the safety of pilots and passengers.

LIABILITY OF AIRLINES

An airline may be liable to its passengers for an aircraft accident based upon its status as a common carrier, its contract with the passengers, or an implied or express warranty regarding the safety of its aircraft. An airline may also be liable to its passengers for delays, for discrimination, or for wrongful expulsion

Fraud and Deceit

In the business world, making fraudulent or deceitful representations to others may give rise to liability. A "representation" may consist of words or conduct.

Negligence Per Se

Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence.