LLAW9605: XFM is a Future Mobility Start-Up - Report Writing - Law Assignment Help

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XFM is a future mobility start-up that supports aerial delivery services in Adelaide, SA. XFM’s business model involves the use of an app to connect customers requiring urgent deliveries with owner/operators of large electric unmanned drones. Owner/operators must a current Remote pilot licence and Remotely piloted aircraft operators certificate to XFM’s website before they will be assigned work by XFM. Whenever making deliveries, owner/operators must affix the XFM logo to their drone and use XFM-branded external packaging, all of which must be purchased from XFM. XFM claim that they do not own drones, are not drone operators and are not an aerial delivery service.

XFM leases rooftop space at various strategic locations around the CBD, and then charges owner/operators to use that as landing space for their drones. The lease agreement requires the building owner to maintain the rooftop space to certain specifications and permits XFM to inspect the space regularly (but does not specify how regularly or when this will happen). XFM’s Director of Operations does inspect each of these spaces before signing the lease agreement, but due to the rapid growth of XFM, has been too busy to revisit many of the spaces since XFM launched 6 months ago.

TP is a drone owner/operator and is keen to use his drone to generate additional income. He leases space on the roof of the centrally located Building 1, basing his drone there. Several other drone operators also lease space for their drones there too. His expenses include rent & utilities for office space in Building 1 so he can properly operate his drone, landing fees for deliveries to landing spaces on other buildings, insurance and licence fees. Initially very keen, TP soon discovers the margins for this gig-economy work are very small after his time and outgoings are accounted for. He becomes less diligent with regular maintenance. He is also worried about the roof space he has been allocated, as it is very exposed, subjecting the drone to harsh weather conditions. Over time, TP is less enthusiastic about taking deliveries, and preferring to use his drone at busy times when XFM allows for surge pricing. TP is suffering significant financial pressure.

The demand for drone deliveries peaks in March during the Adelaide Festival. TP accepts a job to deliver some critical replacement (very light but bulky) equipment to the outdoor venue of a major international act about to start. His drone leaves its Building 1 launch pad, but unfortunately some of the plastic clasps had deteriorated after so much time in the sun, causing the drone to drop its load as it flew over the crowd lining up for seats. The XFM packaging broke as it fell from the drone, with several in the crowd, including V, hit by cardboard, causing only minor injury. However, the unfamiliar sight and sound of such a large drone dropping material triggers a rush as the tightly packed crowd seeks to get out of the way. V, who has impaired mobility, receives serious crush injuries as a result. These are compounded when first aid staff do not recognise that her crushed legs have released excessive potassium into her blood stream, causing cardiac problems. V recognised the XFM packaging as it fell and is convinced her injuries, and ongoing cardiac problems are XFM’s fault.

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