Sally bought an aircraft from Elizabeth for her commercial airline. Elizabeth sh

Question

Sally bought an aircraft from Elizabeth for her commercial airline. Elizabeth showed Sally a logbook which showed that the aircraft had just underwent a “D” check (a very comprehensive maintenance check) all in conformity with the aircraft manufacturer’s manual. Elizabeth did not realize that the maintenance facility she had hired to perform the “D” check did not use FAA Approved Parts and could not certify the airworthiness of many parts. The FAA performed an audit of Sally’s airline and realized the violation and grounded the aircraft. Is Elizabeth liable to Sally for damages arising from the grounding of the aircraft? What case law will support your answer?

Explanation / Answer

First, Sally must have been aware of the conditions or required by the FAA, before acquiring the plane. Second, Elizabeth should mention all the conditions which made maintenance and Sally put to both of them. Both are liable.

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