Factual Scenario
On March 8, 2018, a passenger airline owned and operated by Malaysian Airlines took off from Malaysia heading directly north to Beijing in China. There were 227 passengers on board. The last communication with the aircraft was at 1:19, Malaysian time, while they were over the South China Sea. In that communication, the flight crew did not indicate there were any problems. Then at 1:22, and for unknown reasons, the plane turned east heading out into the Indian Ocean. Attempts were made to contact the aircraft, but the crew could not be reached. Further, the plane was tracked by radar on a straight course for another hour until it moved beyond all radar tracking facilities. No wreckage of the plane was ever found, but it is presumed to have crashed in the Indian Ocean with all passengers and crew killed.
You are a research assistant for a U.S. newspaper, and you have been tasked with doing background information on the legal issues the families of the passengers would face if they sued. First, you discover that Malaysia’s tort law is based on English Common law and so it is identical to the tort law in the U.S. and that this would be a case that falls within the tort of negligence. Second, you recall from your business law class at Fresno City College, that there was a special doctrine in negligence called Res Ipsa Loquitur, that might apply if the families of the passengers were to sue.
Questions:

1. Fully summarize the law related to the negligence doctrine called Res Ipsa Loquitur (a discussion of this doctrine can be found on pages 236-239 of the e-textbook).
2. Analyze the facts in the factual scenario and decide if Res Ipsa Loquitur applies to this situation, and if it does, how it might benefit the families of the passengers if they sued. In your answer to this question, it is not enough to simply say whether they have been met or not. You must provide specific reasons based on the facts for your ruling.

Share on Facebook

Tweet

Follow us