Admiralty Law

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Admiralty Law

Admiralty law, which is also called maritime law, is a body of both domestic and private international law that governs marine offences and malpractices (Jason, Chuah, 2011). The law governs marine activities like, commerce, shipping, seaman, cargo and passengers towage, peers, wharves, docks, insurance, maritime lines and inland waters (Schoenbaum, Thomas, Jessica, and McClellan 2012). This law is different from the law of the sea which is the body of public international law that governs navigational rights, mineral rights, jurisdiction of coastal waters, and international relations. The major role of admiralty law is to govern the relationship between private and public enterprises that operate ships or all kinds of vessels on the sea (Schoenbaum, Thomas, 2011). Admiralty laws bind the ship owners to take the responsibility of taking reasonable care for passengers injured while on the ship, and also take liability for damage of cargo or the ship itself while on shipment. All involved bodies in shipment of cargo like banks and vendors find a way through the admiralty courts to sue or file a lien against the ship owner to ensure that he/she pays them incases where they loan money or provide the goods or fuel (Costello, Kevin, 2010).

From the facts in the essay non-cargo related liabilities which arise include, injured seaman, ship collisions, and maritime pollution.

The case provides that the master and the crew of the seeker were rescued by a passing passenger ferry which was moving to the nearby Isle of Wight. Due to collision both ships also were damaged badly whereby the seeker was extensively damaged losing all its cargo and Tripoli was also damaged but some cargo were recovered.

Another non-cargo liability is pollution of the marine water. Tripoli was carrying harmful drugs pesticide and when they collided some containers with the pesticides fell into the sea hence polluting the environment

Ship collation is another liability that must be prosecuted. Tripoli lost control due to double wave and collided with seeker ship causing an accident.

The police closed off the beach area preventing people from reaching to a local sea-front café. This could are trespass on the property of the hotel and the police are liable to answer. The above information is heavily evidenced and supported by the case that prevailed between Paparo verses M/V ETERNITY, First Circuit Court of Appeals, January 5, 2006 , Longshore & Harbor Workers’ Act  also the case between Boating and PWC (Personal Watercraft, Jetski) Accidents has got valuable information to support the argument above on non-cargo liabilities.

How should any of the injured parties affect their claim?

Garnat trading & shipping (Singapore) pte ltd & an or v baominh insurance corporation [2011] ewca civ 773: court: court of appeal (civil division) (england and wales)

Alongshore & Harbor Workers’ Act:

This case which occurred in January 2011 supports the following argument.

Under admiralty the ship owner is under the obligation to take care and provide medical care, free of charge to a seaman injured while working for the ship until the seaman attains maximum medical improvement. The obligation to take care of the sea man includes providing medical care or medical devises that will in one way or another try to improve his ability to function. Passengers who are injured while aboard on the ship may effect their claim by suing the ship owner since he owes them a duty of reasonable care (Maraist, Frank, Thomas,  Galligan, and Catherine, Marist.  2010).

The injured passengers may effect their claim against the ship owners given that they have been injured by negligence of third party. If the passengers manage to prove that the ship owner was negligent then their claim is admissible by court (Force, Robert, Yiannopoulos, and Martin Davies2008).

Any one party who feels that mutiny or any other form of crime has been conducted on his/her and has tangible evidence then he is permissible to sue the offender before admiralty courts.  Alleged violation of rules governing the shipping lane, rights-of-way maritime contracts and commerce by one party provides a basis for the offended party to seek a court order / hearing for protection of his/ her rights (Robertson, David, Steven, Friedell, and Michael, Sturley   2008).

UK case admiralty case in the link below has best lessons to draw from concerning salvage costs of the vessel. Its verdict is interesting and can greatly help in future decisions on such cases.

CKP Fishing Company Ltd v Owners of Motor Vessel Woo Yang [2000] FJHC 204; HBG0001J.1998S (20 January 2000) ADMIRALTY – Arrest of Ships- Priority ranking on sale for salvage costs of the vessel

Salvage claims can be made by the ship owner if admiralty laws are met. One crucial point under salvage is that the ship owner has the first priority to salvage the vessel and its goods. But if the owner of the thing which have been lost does not wish to salvage the cargo and the ship does not cause any risk to the environment, he has the right to deny somebody else to salvage the goods (Darlington, Sarah, and James, Turner, 2007). In cases where the owner of the cargo intentionally abandons his claim to property, the salvage crew may be given the right to keep the property according to admiralty law within that jurisdiction.

Before the claim for salvage award is made the following two conditions must prevail/met. First, the goods must be in peril and second the salvager must be working in a voluntary capacity and not in the line of duty (Robertson, David, Steven, Friedell, and Michael,  Sturley   2008)..

Financial institutions that lend money to purchase ships, seamen who have due wages, vendors who supply ship with necessities like fuel and stores have a lien against the ship to guarantee their payment. Incase the ship fails to pay it is arrested or seized to enforce the pay. This action of enforcing alien is conducted by admiralty courts (Mandaraka-Sheppard, Alexandra, 2007).

When a person other than the owner rescues property that gets lost at the sea, the rescuer has the right to claim a salvage award on the saved property. Salvage claims apply only to property since life has no salvage. All mariners have the right to save lives of other in peril.

Critically evaluate the extent to which the LOF 2000 facilitates salvage claims.

UK Admiralty Law: Is the Principle of The Amerique Applicable to All Types of Salvage Cases : http://admiraltymaritimelaw.blogspot.com/2010/01/uk-admiralty-law-is-principle-of.html

The above UK admiralty case has got rich information and it helped me in critically evaluating and coming up with this argument on LOF2000 and salvage claiming.

 

Lloyd’s open form of salvage agreement is the most widely used salvage contract and it incorporates the principle of “no cure-no pay”. LOF 2000 comprises of a single sheet of paper containing a box lay out where essential information like the mane of the ship and the identity of the salvage contractor will be inserted. Just below the layout box on the oppos.............


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