Chapter 6 legal issues
Wharfage
A charge for the use of a wharf or dock
Non vessel operating common carrier
A common carrier that functions like an ocean carrier but does not operate the vessels by which transportation is provided
Peril of the sea
A fortuitous action of the sea or whether a significant Force to overcome the strength of a seaworthy ship or the diligence and skill of a seaworthy crew
Particular average
A partial loss to the insured cargo. FPA terms will not cover any partial losses or particular average losses of nature
International Air transport Association
A trade Association of Airlines expect that most air waybills will be electronic by 2016
Maritime tort
Applied only if the tort occurred and the injury was sustained on navigable Waters
Freight forwarder
As agents for shippers and Contracting with air land or sea carriers for the transportation of goods to a place of destination.
Stevedore
Companies that employ a longshoreman
Perils clause
Covers the basic risk of an ocean voyage. extra ordinary and unusual perils that are not expected during the voyage
Vessel
Every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on water
Containerized ocean cargo
Fastest growing mode of ocean transport where containers revolutionized ocean shipping by allowing above deck storage on container vessels
Dry bulk ships
For carrying coal ore or other minerals grains and cereals steel Forest Products fertilizer excetra
Tanker
For oils chemicals and other liquids
Breakbulk
General cargo ships where goods are stowed in individual containers or on pallets in the ship's hold
Clean bill
Given to the shipper as proof that the goods were shipped in good condition and not damaged. Must be visible and open to inspection by the carrier
Forwarders receipt
House bills of lading also called Consignment notes in some countries, not negotiable. Given when forwarders recede cargo for shipment
Seaworthy
If it is the proper type of ship to carry the type of cargo a tissue is reasonably fit for the intended journey is prepared for the weather and seas expected and complies with the coast guard regulations and relevant shipping industry standards
Maritime contract
Include ocean bills of lading Marine insurance contracts contracts for towing or Wharfage contracts for fuel supplies for or repairs to vessels contract to Pilot or guard vessels through Arbors or canals and contracts with longshoreman or Stevedores
Himalaya clause
Is a clause in the bill of lading or Transportation contract purporting to extend liability which benefit the carrier two others that act as agents for the carrier such as longshoreman and stevedores
General average
Is a loss that results when an extra ordinary expenses or losses are incurred in Saving The Vessel or its cargo from danger at sea. It spreads the risk of a disaster at sea but making all parties should avoid contribute to the loss
Master air waybill
Is one issue directly to a shipper by an air carrier
House air waybill
Is one issued by a freight forwarder to the shipper and is also used for the shipment of several shippers are being consolidated by the forwarder to one destination
Ship
Large vessels intended to carry cargo or passengers
Errors in navigation
Managing the ship. The carrier is not liable for these errors even if the crews negligence causes the ship to collide or run aground
Fortuitous losses
Means that the loss occurred by chance or accident and could not have recently have been predicted
Navigable Waters
Not only the oceans and seas but also large lakes rivers and waterways regardless of size that are used or capable of being used for commercial activity
Open cargo policy
Offers the convenience and protection of covering all shipments by the shipper of certain types of goods to certain destinations and over a specific route. CIF terms often used open cargo policies. they're negotiable and are transferred along with the bill of lading to the party who purchases and takes title to the goods
Consignee
Person receiving the goods in a contract
Seamen
Persons employed on vessels regardless of their jobs
Maritime law
Refers to that body of law within the admiralty jurisdiction of a court that governs private rights and obligations arising out of the operation of vessels on navigable Waters or in Marine time Commerce. Regulates recreational activity as well as commercial activity
Consignor
Shipper of a contract
Reefer ship
Specialized vessels such as refrigerated units
Cargo
Term for goods carried aboard ships
International carriage
The Montreal Convention applies to all International Carriage of persons baggage and cargo by aircraft in which the place of departure and the place of destination are in two countries that are party to the convention
General maritime law
The customs and practices of early Mariners and Merchants in the early codes of Marine courts dating to ancient and Medieval Times
Admiralty jurisdiction
The jurisdiction of maritime law usually primarily Federal. Related to the navigation business or Commerce of the sea
Special drawing rights
The monetary limit of an air carriers liability is set not in the currency of any one country but in SDRs
Freight
The price charged to transport cargo
Salvage
The rescue or recovery of a ship or cargo that is lost or damaged in navigable Waters
Longshoremen
Those employed to load and unload ships
Jettison
Throwing cargo or property overboard to save the ship
specially to cover Clause
Used F1 desires additional coverage when shipping. An added charge by the insurer.