Admiralty law Test 1

Harter Act

. Prohibits carriers from incorporating certain exculpatory clauses into contracts of carriage; 2. Provides certain defenses to the carrier; 3. Requires the carrier to issue a bill of lading to the shipper upon request

Statute of Limitations for LHWCA

1 Year

Requirements to be a seaman

1. Must have a connection to a vessel in navigation (or fleet of vessels) that is substantial in both duration and nature; and 2. Must contribute to the function of the vessel or to the accomplishment of its mission

Typical Statute of Limitations for maritime tort claims?

3 year SoL to bring a maritime tort

What is a charter party and what are the types and their differences?

A charter is an agreement under which a shipowner places a ship at the disposal of another.

Carriage of Goods by Sea Act (COGSA)

A federal statute that governs a common carrier's liability for goods shipped in foreign trade to or from the United States by sea. applies only to the risks of the voyage between loading and unloading

Bareboat Charter

A vessel is transferred in all but title to Charterer

What is an affirmative defense?

An affirmative defense is any defense in which the burden of proof rests upon the defendant, and of which the defendant must prove the relevant elements.

What is a vessel?

Any craft used or capable of being used as a means of transportation on water (power-driven vessels, sailboats, seaplanes, or non-displacement craft).

The Pomerene Act

Applies to bills of lading covering interstate transport and shipments departing from US ports. Applies to overland and water

Maintenance and cure - what are they? How long do they last?

Available to seamen who suffer injuries or become ill while in the service of the ship Doctrine of M&C includes: maintenance, cure, and wages The duty to provide M&C ends when the seaman is cured or reaches the point of maximum cure

Time Charter

Contract for the use of the carrying capacity of a particular vessel for a specified period of time. Owner of the vessel provides crew, equips and maintains the vessel, makes repairs, and pays normal operating expenses Vessel owner retains possession & control.

What does pro hac vice mean?

Demise Charterer

What do federal courts have subject matter jurisdiction over? (3 things)

Diversity Federal Questions •Admiralty and Maritime

OCSLA - who it covers, what is it, requirements

Enacted in 1953 to control the exploration, development, removal and transportation of natural resources found the the Outer Continental Shelf extends LHWCA to offshore workers who are extracting natural resources on the Outer Continental Shelf

Admiralty Extension Act

Extended admiralty jurisdiction over torts committed by vessels in navigable waters even if the injury or damage was sustained on land

Maritime Contracts and Maritime Torts, what do they require?

For a contract to be considered maritime, it must have a direct and substantial link between the contract and operation of the ship, its navigation, or its management •1. the tort have a potentially disruptive effect on maritime commerce, and •2. the activity was substantially related to traditional maritime activity

Intentional torts

Harm caused by a deliberate action

Maximum Cure

Maximum cure occurs when it appears probable that further treatment will result in no betterment of the condition

Plaintiff

One who begins a lawsuit

Demise Charter

Owner of vessel surrenders possession and control of vessel to charterer who then inherits many of the rights and obligations of the owner Charterer obtains the services of the owner's master and crew, who then become employees of the charterer during the term of the charter

Seaworthiness

The fitness of a vessel for its intended use (mostly related to a particular voyage with a particular cargo).

Voyage Charter

The owner of the vessel agrees to carry cargo from one port to another on a particular voyage or voyages Owner of the vessel provides a ship, master, and crew, and places them at the disposal of the charterer Vessel owner retains possession & control

Appellant

The party who takes an appeal from one court to a higher court to challenge the former courts ruling.

Duties to guests? Stowaways?

The shipowner has a duty of exercising reasonable care towards those who are lawfully aboard a ship, but are not members of the crew.

How does the plaintiff prove negligence

To succeed in a negligence action, the plaintiff must prove: •1. Duty •2. Breach •3. Causation •4. Damages

What are bills of lading?

a multi-functional document including a contract of carriage which also serves as a receipt by the carrier that it has received the goods

Laytime

a specified period of time during which the charterer can perform its loading and unloading operations

Vessel Duties (Vessel Negligence)

a worker may have a cause of action against a vessel for negligence if the worker's injury or death is caused by the vessel's negligence The term vessel includes the vessel's owner

What is a tort?

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

Defendant

an individual or group being sued or charged with a crime

Types of Law

criminal and civil

What is a vessel in navigation?

engaged as an instrument of commerce and transportation on navigable waters

What do "maritime laws" refer to?

essential in ensuring that people and organizations behave accordingly when at sea.

Unintentional Torts (Negligence)

failure to do something which a reasonable person would do, or doing something which a prudent and reasonable person would not do

what is workers compensation?

insurance covering employers liability for the costs of an accident incurred by an employee in connection with their job. Administered by state.

proximate cause (legal cause)

legal cause, exists when the connection between an act and an injury is strong enough to justify imposing liability

Borrowed servant doctrine

states that an individual may be a crew member aboard a vessel and therefore Jones Act seaman, even if employed by an independent contractor rather than vessel owner

Requirements for coverage under LHWCA

the maritime worker must meet two requirements: 1. Status: Those who are engaged in activities which are vital parts of the loading, unloading, repairing, building or disassembling of a vessel 2. Situs: covers injuries or death that occur: •On the navigable waters of the United States, including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other area used by an employer for loading, unloading, repairing, dismantling, or building a vessel

Appellee

the party against whom the appeal is taken

demurrage

the sum a charterer agrees to pay for detaining the vessel for a period of time exceeding the Laytime.

"En banc" definition

when a case is heard before ALL of the judges of the court, rather than the typical 3-judge panel

What does a court need to render an enforceable judgment?

•Subject matter jurisdiction (be the right kind of court), and •Personal jurisdiction over the parties