Valuable consideration

In this Circular, the question of whether a flight is commercial air transport or aerial work is discussed in terms of whether “payment” has been given or promised in respect of the flight. In the Order itself, instead of “payment”, the term “valuable consideration” is used. This term is defined at article 3(1) to include “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” . In this context, “forbearance” means giving up something that you have a right to or to receive, so that, for example, if you are owed money and agree to write it off in return for a flight in the debtor’s aircraft that would constitute valuable consideration in that the aircraft operator has received a benefit that he would otherwise not have received.


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