Can I Have An Example Of An Llm Report On Maritime Law Please? My Subject Is Limitation Of Liability For Maritime Claim

[Nechemya]

Evgenia P. Chousakou(Jenny)186, Alkiviadou StrPiraeus 185 36GreeceTel 011302104526277my e-mail:[email protected]

[Morio]

I cant speak to Greece, but here is one reference - sounds like an assignment for school?  Hope this helps.     Limitation of Liability may be one of the most debated issues of maritime law. Although industry professionals may have different opinions about the concept of limitation of liability, depending on which interests they represent, those opinions are likely to be strong. Limitation of liability emerged as a means of strengthening America?s mercantile power. The Shipowner?s Limitation of Liability Act of 1851 states that a shipowner may limit liability for losses stemming from negligence or the unseaworthiness of a vessel if those conditions arose without his or her privity and knowledge. Liability for wrongful death, personal injury, and property damage could be limited to the post-casualty value of the vessel plus freights pending. As you can guess, the reason for this legislation was to encourage business people to buy ships, outfit them and use them to carry passengers and cargo on the high seas. This would ultimately lead to a strong U.S. Merchant Marine. But today, the act has found itself being applied in situations that were probably never in the wildest dreams of its architects. Limitation of liability has been applied in boating accidents and injuries, jet-ski accidents and injuries, cruise ship accidents and injuries, commercial fishing accidents and injuries and other casualties that arise on offshore, coastal and inland waters. Although maritime law in general is sometimes criticized by commentators for its sometimes arcane and ancient provisions, limitation of liability is really one that needs to be reconsidered As with many maritime laws falling under admiralty jurisdiction, limitation of liability needs to be applied on navigable waters and as such, could be denied if raised as an issue for a boating accident occurring on a small private lake, as the lake would not be considered ?navigable waters?, and not reasonably likely to support traditional marine activity and to have use as a commercially viable waterway. I don?t believe the people who drafted the Shipowner?s Limitation of Liability Act envisioned that it would be used in accidents involving jet-skis, waterskiers, speedboats, and other recreational boats. They envisioned that it would be used for vessels like tea clippers, ore carriers, other cargo carriers, and commercial passenger vessels. Think of the outcome of allowing the application of limitation of liability in a pleasure boat accident. If the give-way vessel violated one of the collision regs and collided with the stand-on vessel, injuring the driver and passengers of the stand-on vessel, wouldn?t it be unfair to allow them to limit their financial burden to the injury victims. If the give-way vessel was a 30 year old center console worth about $4,000, does that mean the occupants of the stand-on vessel are thrown $4,000, to be spread to cover the medical expenses, pain and suffering of the four occupants of the stand-on boat. That?s not fair. And that can?t be what the original legislators had in mind. The law was intended for tea clippers, not jet skis and 45 knot pleasure boats. In a recent case, the City of New York attempted to invoke limitation of liability in the tragic accident involving the ferry Andrew Barberi crashing into the ferry terminal. The City, as a municipality, attempted to invoke the law against the injury claimants and families bringing wrongful death actions. To read more about limitation of liability in maritime law and how to defeat it in fighting for the rights of injury victims, read Defeating Limitation of Liability in Maritime Law, appearing in the February 2006 issue of Trial magazine, the publication of the Association of Trial Lawyers of America. The reason that this would be a good topic for research is that although general maritime law can justify application of limitation in certain traditional instances, many good arguments can be made that the law has no place in personal injury cases arising from boating accidents, jet ski accidents, and commuter ferry injury cases. Legal Issues in Jurisdiction - Procedure - Statute of Limitations - Passenger Rights and Seaman's Rights in Litigating the Cruise Ship Accident & Injury Claim - Cruise ship litigation presents unique challenges to the legal rights of passengers embarking on a cruise or crew members signing on board from a U.S. port of departure. Since many cruise ships are owned by corporations doing business out of Florida, California or Washington State, that's where jurisdiction for a cruise ship accident claim can arise. Many passengers are unaware of this because they might not read the fine print on their cruise ticket. This unpleasant surprise in jurisdiction can be compounded by another unpleasant surprise in civil procedure. Cruise lines may impose their own statutes of limitation, the time in which to bring a lawsuit against the cruise line for negligence or other legal theory. Prospective officers and crew should be aware that they are not Jones Act seamen when they report to work aboard a cruise ship. The tragic boiler explosion aboard the S.S. Norway several years ago occurred in Florida. However, the wrongful death and injury claims did not qualify for jurisdiction in a U.S. Federal Court in Florida because of the employment agreements and registry of the vessel. Cruise ships can be registered in the United States but they are commonly registered in the Bahamas, Bermuda, Panama and other sovereign states offering benefits and advantages to the cruise line. Therefore, officers and crew should realize that if the cruise ship is registered under a foreign flag, they are not a Jones Act seaman. Thus they would not be entitled to rights and privileges of U.S. maritime law, as well as jurisdiction in a U.S. Court. And this doesn't even touch upon crimes that take place aboard cruise ships. In recent years, cruise lines have received attention from the media about suspected homicides of passengers, rape, sexual assault and other crimes. Cruise ship passengers might assume their legal rights in a crime would be strong. However, they can discover that U.S. jurisdiction over crimes occurring aboard a cruise ship can be affected by factors that include the registry of the vessel, whether it was in U.S. waters, and whether the victim or perpetrator was a U.S. national. It is clear that cruise ship law can present a minefield for passengers and officers and crew alike. This is an interesting subject for research because passenger rights on cruise ships can involve law outside of U.S. law, which makes otherwise standard situations more complex. Salvage and Towage Issues - Salvage and towage present very interesting issues for research. To begin with, the very nature of traditional maritime salvage is a fascinating concept deeply rooted in maritime law. Although the origins of salvage law date back centuries, the concept is followed in modern maritime law. The basic concept is simple enough. Traditional marine salvage occurs when there is a marine peril, a voluntary act by the salvor, and the act results in a successful rescue of a vessel. The concept evolved to provide a strong incentive for mariners to render assistance to other stricken vessels. Although mariners should be motivated by incentives more fundamental than the prospect of getting a share of the vessel they rescue(such as saving the lives of the stricken vessel?s crew), we have to understand that a salvage attempt exposed a rescuer to risk to life, risk to property, and the expense of detouring from a prescribed route and timetable demanded by a vessel owner or charterer.(To learn more about salvage law in general, click To Salvage or To Tow, an article reprinted from Chesapeake Bay Boating that covers some of the basic maritime law of salvage and towing operations.) One of the most well known salvage attempts involved the tanker Amoco Cadiz. On March 16, 1978, the tanker foundered off the coast of France during fierce weather conditions. The merciless winds and high seas couldn?t have come at a worse time? during a steering gear failure. The court transcript describes the ship pitching wildly and plunging her bow beneath the waves. Given her 1095 foot length, it is difficult to envision such a terrifying sight. The grounding of the Amoco Cadiz off the Brittany Coast is recognized as a very important event in maritime law, and involved many legal issues including salvage law, vessel owner liability, crew conduct, equipment failure, and environmental damages. However, marine salvage law can apply to recreational vessels. Although the size and scope may be different when the crew of a fishing charter boat prevents a stricken Grady White center console from smashing into a jetty off the Rockaways, the legal issues are parralel. One of the interesting aspects of salvage law is the determination of the salvor?s award. The guidelines used by judges and marine arbitrators are derived from maritime case law and the Salvage Convention of 1989. A nineteenth century case named The Blackwall, is still cited by federal judges and arbitrators. The factors used in The Blackwall to set a salvage award include the labor expended by the salvors, their promptitude, skill and energy, the value of the property used by the salvors, the risk incurred by the salvors, the value of the property saved and the degree of danger from which the property was rescued. These factors were expanded with the 1989 Salvage Convention, one of the most notable additions being the recognition of averting damage to the environment. One of the reasons that maritime salvage law would be such an interesting topic for research is the fact that salvage today involves more legal exposure and risk than it did even only a few decades ago. People who work in maritime jobs recognize that environmental offenses, navigational mistakes or errors in judgment can result in criminal as well as civil liability. Research about how modern day criminal liability affects the conduct of the salvor would be an interesting research topic, as well the issue of immunity of certain acts by salvors.             

[squire]

Limitation of liability I cant speak to Greece, but here is one reference - sounds like an assignment for school?  Hope this helps.     Limitation of Liability may be one of the most debated issues of maritime law. Although industry professionals may have different opinions about the concept of limitation of liability, depending on which interests they represent, those opinions are likely to be strong. Limitation of liability emerged as a means of strengthening America?s mercantile power. The Shipowner?s Limitation of Liability Act of 1851 states that a shipowner may limit liability for losses stemming from negligence or the unseaworthiness of a vessel if those conditions arose without his or her privity and knowledge. Liability for wrongful death, personal injury, and property damage could be limited to the post-casualty value of the vessel plus freights pending. As you can guess, the reason for this legislation was to encourage business people to buy ships, outfit them and use them to carry passengers and cargo on the high seas. This would ultimately lead to a strong U.S. Merchant Marine. But today, the act has found itself being applied in situations that were probably never in the wildest dreams of its architects. Limitation of liability has been applied in boating accidents and injuries, jet-ski accidents and injuries, cruise ship accidents and injuries, commercial fishing accidents and injuries and other casualties that arise on offshore, coastal and inland waters. Although maritime law in general is sometimes criticized by commentators for its sometimes arcane and ancient provisions, limitation of liability is really one that needs to be reconsidered As with many maritime laws falling under admiralty jurisdiction, limitation of liability needs to be applied on navigable waters and as such, could be denied if raised as an issue for a boating accident occurring on a small private lake, as the lake would not be considered ?navigable waters?, and not reasonably likely to support traditional marine activity and to have use as a commercially viable waterway. I don?t believe the people who drafted the Shipowner?s Limitation of Liability Act envisioned that it would be used in accidents involving jet-skis, waterskiers, speedboats, and other recreational boats. They envisioned that it would be used for vessels like tea clippers, ore carriers, other cargo carriers, and commercial passenger vessels. Think of the outcome of allowing the application of limitation of liability in a pleasure boat accident. If the give-way vessel violated one of the collision regs and collided with the stand-on vessel, injuring the driver and passengers of the stand-on vessel, wouldn?t it be unfair to allow them to limit their financial burden to the injury victims. If the give-way vessel was a 30 year old center console worth about $4,000, does that mean the occupants of the stand-on vessel are thrown $4,000, to be spread to cover the medical expenses, pain and suffering of the four occupants of the stand-on boat. That?s not fair. And that can?t be what the original legislators had in mind. The law was intended for tea clippers, not jet skis and 45 knot pleasure boats. In a recent case, the City of New York attempted to invoke limitation of liability in the tragic accident involving the ferry Andrew Barberi crashing into the ferry terminal. The City, as a municipality, attempted to invoke the law against the injury claimants and families bringing wrongful death actions. To read more about limitation of liability in maritime law and how to defeat it in fighting for the rights of injury victims, read Defeating Limitation of Liability in Maritime Law, appearing in the February 2006 issue of Trial magazine, the publication of the Association of Trial Lawyers of America. The reason that this would be a good topic for research is that although general maritime law can justify application of limitation in certain traditional instances, many good arguments can be made that the law has no place in personal injury cases arising from boating accidents, jet ski accidents, and commuter ferry injury cases. Legal Issues in Jurisdiction - Procedure - Statute of Limitations - Passenger Rights and Seaman's Rights in Litigating the Cruise Ship Accident & Injury Claim - Cruise ship litigation presents unique challenges to the legal rights of passengers embarking on a cruise or crew members signing on board from a U.S. port of departure. Since many cruise ships are owned by corporations doing business out of Florida, California or Washington State, that's where jurisdiction for a cruise ship accident claim can arise. Many passengers are unaware of this because they might not read the fine print on their cruise ticket. This unpleasant surprise in jurisdiction can be compounded by another unpleasant surprise in civil procedure. Cruise lines may impose their own statutes of limitation, the time in which to bring a lawsuit against the cruise line for negligence or other legal theory. Prospective officers and crew should be aware that they are not Jones Act seamen when they report to work aboard a cruise ship. The tragic boiler explosion aboard the S.S. Norway several years ago occurred in Florida. However, the wrongful death and injury claims did not qualify for jurisdiction in a U.S. Federal Court in Florida because of the employment agreements and registry of the vessel. Cruise ships can be registered in the United States but they are commonly registered in the Bahamas, Bermuda, Panama and other sovereign states offering benefits and advantages to the cruise line. Therefore, officers and crew should realize that if the cruise ship is registered under a foreign flag, they are not a Jones Act seaman. Thus they would not be entitled to rights and privileges of U.S. maritime law, as well as jurisdiction in a U.S. Court. And this doesn't even touch upon crimes that take place aboard cruise ships. In recent years, cruise lines have received attention from the media about suspected homicides of passengers, rape, sexual assault and other crimes. Cruise ship passengers might assume their legal rights in a crime would be strong. However, they can discover that U.S. jurisdiction over crimes occurring aboard a cruise ship can be affected by factors that include the registry of the vessel, whether it was in U.S. waters, and whether the victim or perpetrator was a U.S. national. It is clear that cruise ship law can present a minefield for passengers and officers and crew alike. This is an interesting subject for research because passenger rights on cruise ships can involve law outside of U.S. law, which makes otherwise standard situations more complex. Salvage and Towage Issues - Salvage and towage present very interesting issues for research. To begin with, the very nature of traditional maritime salvage is a fascinating concept deeply rooted in maritime law. Although the origins of salvage law date back centuries, the concept is followed in modern maritime law. The basic concept is simple enough. Traditional marine salvage occurs when there is a marine peril, a voluntary act by the salvor, and the act results in a successful rescue of a vessel. The concept evolved to provide a strong incentive for mariners to render assistance to other stricken vessels. Although mariners should be motivated by incentives more fundamental than the prospect of getting a share of the vessel they rescue(such as saving the lives of the stricken vessel?s crew), we have to understand that a salvage attempt exposed a rescuer to risk to life, risk to property, and the expense of detouring from a prescribed route and timetable demanded by a vessel owner or charterer.(To learn more about salvage law in general, click To Salvage or To Tow, an article reprinted from Chesapeake Bay Boating that covers some of the basic maritime law of salvage and towing operations.) One of the most well known salvage attempts involved the tanker Amoco Cadiz. On March 16, 1978, the tanker foundered off the coast of France during fierce weather conditions. The merciless winds and high seas couldn?t have come at a worse time? during a steering gear failure. The court transcript describes the ship pitching wildly and plunging her bow beneath the waves. Given her 1095 foot length, it is difficult to envision such a terrifying sight. The grounding of the Amoco Cadiz off the Brittany Coast is recognized as a very important event in maritime law, and involved many legal issues including salvage law, vessel owner liability, crew conduct, equipment failure, and environmental damages. However, marine salvage law can apply to recreational vessels. Although the size and scope may be different when the crew of a fishing charter boat prevents a stricken Grady White center console from smashing into a jetty off the Rockaways, the legal issues are parralel. One of the interesting aspects of salvage law is the determination of the salvor?s award. The guidelines used by judges and marine arbitrators are derived from maritime case law and the Salvage Convention of 1989. A nineteenth century case named The Blackwall, is still cited by federal judges and arbitrators. The factors used in The Blackwall to set a salvage award include the labor expended by the salvors, their promptitude, skill and energy, the value of the property used by the salvors, the risk incurred by the salvors, the value of the property saved and the degree of danger from which the property was rescued. These factors were expanded with the 1989 Salvage Convention, one of the most notable additions being the recognition of averting damage to the environment. One of the reasons that maritime salvage law would be such an interesting topic for research is the fact that salvage today involves more legal exposure and risk than it did even only a few decades ago. People who work in maritime jobs recognize that environmental offenses, navigational mistakes or errors in judgment can result in criminal as well as civil liability. Research about how modern day criminal liability affects the conduct of the salvor would be an interesting research topic, as well the issue of immunity of certain acts by salvors.              Sources: www.sunymaritime.edu/facultystaff.aspx?id=14 peppercat 52 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.