Admiralty and Maritime Law, Volum 1
Beard Books, 2005 - 536 sider
This is volume one of a two volume case book on admiralty and maritime law written by three leading and well known law professors at Tulane Law School.
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E Damages and Limitation of Liability
F Who Is the COGSA Carrier?
G Extension of COGSA defenses immunities and limitations to noncarriers
J Forum Selection Clauses
Cases and Notes
Exclusive Liability of the Employer 322 D Suits Against Shipowners
E Contribution and Indemnity 337 F Stevedores Lien and Assignment of the Employees Action 348 933 Compensation for Injuries Where Third Pe...
Contributory negligence 354 767 Exceptions from operation of chapter 354 C State Remedies
Restrictions on Damages
K Statute of Limitations
Time and Voyage ChartersDistinguished 131 D Contract Formalities
F Safe PortSafe Berth
G Voyage Charters
PERSONAL INJURY AND DEATH CLAIMS
Amount of Maintenance
F Duration of the Obligation
G Wage Penalties
Standard of Care and Causation
B Conflict of Laws
TOWAGE PILOTAGE AND SALVAGE
A Towage and Affreightment Contracts Distinguished 434 B Duties of Tug and Tow
B Liability of Pilots Pilot Associations and Governmental Regulatory Agencies
Property Subject to Salvage
F Misconduct of Salvors
G Contract Salvage
H Life Salvage
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Admiralty and Maritime Law, Volum 1
Robert Force,Athanassios N. Yiannopoulos,Martin Davies
Utdragsvisning - 2005
Vanlige uttrykk og setninger
2d Cir 5th Cir action admiralty agent agreed amount apply authority award barge bill of lading burden Captain cargo carriage carried carrier cause charter charter party Circuit circumstances claim clause COGSA compensation concluded condition Congress considered container contract Corp covered crew damages death decision defendant denied determined discharge district court duty effect employer employment entitled established evidence fact fault federal finding fire follows held holding injury issue Jones Act Judge judgment LHWCA liability limitation Lines loading loss maintenance Marine maritime maritime law master meaning navigation negligence noted occurred operations opinion owner package party perform person pilot plaintiff port present question reasonable recover recovery remedy responsibility result rule S.Ct salvage seaman ship shipowner shipper standard statute stevedore Supp supra tort transportation United unseaworthiness vessel voyage waters workers
Side 6 - ... loss or damage arising from negligence, fault, or failure in proper loading, stowage, custody, care, or proper delivery of any and all lawful merchandise or property committed to its or their charge.
Side 9 - ... (a) Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship. (b) Fire, unless caused by the actual fault or privity of the carrier. (c) Perils, dangers and accidents of the sea or other navigable waters. (d) Act of God. (e) Act of war. (f) Act of public enemies. (g) Arrest or restraint of princes, rulers or people, or seizure under legal process.
Side 9 - Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy...
Side 6 - That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied...
Side 8 - The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to — (a) Make the ship seaworthy: (b) Properly man, equip, and supply the ship : (c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.
Side 8 - Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3 (a), (b) and (c).