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Old 23rd October 2007 | 16:18
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Legalapproach
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Joined: May 2001
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From: London
Bookworm
"consideration" has been defined as "a compensation, matter of inducement, or quid pro quo, for something promised or done"
Valuable consideration means consideration having some value i.e. money or monies worth. Valuable consideration has a meaning in contract law. In the context of the ANO it will doubtless be argued by the CAA that a payment is valuable compensation or quid pro quo in return for the flight. I had meant to put the words gratuitous payment in quotation marks in my previous post. A payment towards the flight is unlikely to be seen as simply gratuitous, particularly if the pilot accepts a 1/4 share or similar i.e. something more than nominal. The offer of a pint/cup of tea or even a subsequent gift of a bottle of wine or box of chocs on the other hand might be seen to be a nominal payment and therefore something less than "valuable consideration".

DFC

Debatable as to whether or not your suggestion is advertising but if you start giving detail of where you fly from, how many seats the aircraft has and how much it costs to fly from A to B etc and that by inference you are prepared to fly people on a cost sharing basis it seems to me that you are publishing "information" and sailing pretty close to the wind. If a pilot in those circumstances subsequently accepted a request from strangers prompted by the publication to take them flying in return for some payment I think the CAA would take a pretty dim view and with some reason.

Last edited by Legalapproach; 23rd October 2007 at 16:34.
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