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.