Thursday, April 22, 2010

Maritime Law

When term business related to any field is used it mean certain law is automatically become part of it. When we look at the sea it looks difficult that we can apply any law to it but when business take places on the sea or ocean it need law as other business needs. As ships moves or sails from one country to another due to the business and trade it definitely needs certain rules and regulation that keep things straight even if any mishap take place. For this you can find the maritime law that defines the responsibilities of the ship owner and what he can recover incase of accident or any mishap. Maritime law is also known as admiralty law. Maritime law basically deals with the issues like losing ship or cargo due to collision or any other reason. Beside this insurance and liability issues when an accident takes place and collision compensation or salvage rights too.
In maritime law you can find certain principles that can clear your concepts about the law. One of the prominent and important principle of the maritime law is the limitation of shipowners liability due to this ship owner limit its liability according to the value of ship if any major accident occurs. One of the best examples is titanic when it sank the owner of the ship filed the limitation of liability for legal progress. According to the limitation act the owner of the ship can limit the liability according to the value of ship if accident that is not under the control of owner or if he is not aware about it. It is an example of 1912 but today ships are well equipped with communication equipments and in such situations many question arises but it doesn’t mean limitation act will not protect you it will protect you. On the other hand, if the other maritime law principle is related to the cargo shipped in international commerce that is under the rule of Carriage of Goods by Sea Acts. The owner of the ship can claim for cargo damages from loading to discharge and even if any natural disaster takes place. Sometimes error in navigation or controlling ship not cargo in such situation ship owner can claim for cargo damages and he will get liability. The claim for cargo damages is only valid for one year. 
All remedies or liability is not only available for the ship owner but there are certain responsibilities of the ship owners too, which they need to fulfill it. The personal injuries to seaman is another principle of maritime law in which the ship owner need to pay for injured seaman for his medical treatment until he is not get well. Beside this he will get basic living expense till voyage is complete and even if seaman is not on the ship. According to the principle of maintenance and cure if seaman gets injured due to his negligence he might not be able to obtain any rights. Above we have discussed few principles of maritime law there are more principles that you can find on internet. The other principles you can check out such as personal injures to passengers and salvage. david mandell

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