Another Cost Sharing Question?
Joined: May 2001
Posts: 500
Likes: 1
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.
"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.
Joined: Jan 2004
Posts: 585
Likes: 0
From: London
There are several threads on here filled with people giving themselves heartburn about this subject.
As I see it, the CAA have a duty to prevent someone with a PPL running any kind of illegal air charter operation. Clearly and for very good reasons, it's absolutely right that people attempting to do this get caught and stopped.
Equally though, a group of work colleagues who go for a jolly in a light aircraft and share the costs in some way are not participating in a commercial flight. I really can't see the CAA getting too excited about it.
Personally, I think that four 'new friends' assembled from their company intranet flying somewhere on a genuine cost share basis, having a lovely day out and helping the pilot keep current is a good thing for the pilot concerned and for aviation in general.
As I see it, the CAA have a duty to prevent someone with a PPL running any kind of illegal air charter operation. Clearly and for very good reasons, it's absolutely right that people attempting to do this get caught and stopped.
Equally though, a group of work colleagues who go for a jolly in a light aircraft and share the costs in some way are not participating in a commercial flight. I really can't see the CAA getting too excited about it.
Personally, I think that four 'new friends' assembled from their company intranet flying somewhere on a genuine cost share basis, having a lovely day out and helping the pilot keep current is a good thing for the pilot concerned and for aviation in general.
Joined: Aug 2000
Posts: 3,648
Likes: 2
From: UK
Valuable consideration has a meaning in contract law.
‘Valuable consideration’ means any right, interest, profit or benefit, forbearance,
detriment, loss or responsibility accruing, given, suffered or undertaken under an
agreement, which is of more than a nominal nature; (my bold)
There's an ambiguity as to how the sentence is parsed, but my argument is simple -- no agreement means no valuable consideration.
