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Salvor-in-possession
The law of salvage is a principle of maritime law whereby any person who helps recover another person's ship or cargo in peril at sea is entitled to a reward commensurate with the value of the property saved. Maritime law is inherently international, and although salvage laws vary from one country to another, generally there are established conditions to be met to allow a claim of salvage. The vessel must be in peril, either immediate or forthcoming; the "salvor" must be acting voluntarily and under no pre-existing contract; and some life or property must be successfully saved. A modern addition rewards a salvor for the prevention of oil spills and environmental damage. The basis of marine salvage law With its origins in antiquity, the basis of salvage is that a person helping another at sea is putting himself and his vessel at risk and should be appropriately rewarded. A related consideration was to prevent piracy, since any vessel in peril might well be abandoned to pirates if ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maritime Law
Maritime law or admiralty law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law, which mainly governs the relations of private parties, is distinguished from the law of the sea, a body of public international law regulating maritime relationships between nations, such as navigational rights, mineral rights, and jurisdiction over coastal waters. While admiralty law is adjudicated in national courts, the United Nations Convention on the Law of the Sea has been adopted by 167 countrie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Contract
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts rely on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for services (contract for the supply of services). The differing terminology implies a dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maritime Law
Maritime law or admiralty law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law, which mainly governs the relations of private parties, is distinguished from the law of the sea, a body of public international law regulating maritime relationships between nations, such as navigational rights, mineral rights, and jurisdiction over coastal waters. While admiralty law is adjudicated in national courts, the United Nations Convention on the Law of the Sea has been adopted by 167 countrie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Average
The law of general average is a principle of maritime law whereby all stakeholders in a sea venture proportionately share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. For instance, should the crew jettison some cargo overboard to lighten the ship in a storm, the loss would be shared ''pro rata'' by both the carrier and the cargo-owners. In the exigencies of hazards faced at sea, crew members may have little time in which to determine precisely whose cargo they are jettisoning. Thus, to avoid quarreling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. General average traces its origins in ancient maritime law, and the principle remains within the admiralty law of most countrie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sister Ship
A sister ship is a ship of the same Ship class, class or of virtually identical design to another ship. Such vessels share a nearly identical hull and superstructure layout, similar size, and roughly comparable features and equipment. They often share a common naming theme, either being named after the same type of thing or person (places, constellations, heads of state) or with some kind of alliteration. Typically the ship class is named for the first ship of that class. Often, sisters become more differentiated during their service as their equipment (in the case of naval vessels, their armament) are separately altered. For instance, the U.S. warships , , , and are all sister ships, each being an . Perhaps the most famous sister ships were the White Star Line's s trio, consisting of , and . As with some other liners, the sisters worked as running mates. Of the three sister ships, ''Titanic'' and ''Britannic'' would both sink within a year of being launched, while RMS ''O ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction In Rem
In law, ''in rem'' jurisdiction (Law Latin for "power about or against 'the thing) is a legal term referring to the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have '' in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Personam
''In personam'' is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (in England & Wales known as Particulars of Claim (CPR 1999)) to give the court jurisdiction to try the case, and the Judgment (law), judgment applies to that person and is called an "in personam judgment". In personam is distinguished from ''in rem'', which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. ''In personam'' means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (''in rem'') then the action must be filed where the property exists and is only enforceable there. See also *Personal jurisdiction *''quasi in rem'' *''in rem'' *''sui iuris'' *Suitable age and discre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oil Spill
An oil spill is the release of a liquid petroleum hydrocarbon into the environment, especially the marine ecosystem, due to human activity, and is a form of pollution. The term is usually given to marine oil spills, where oil is released into the ocean or coastal waters, but spills may also occur on land. Oil spills can result from the release of crude oil from oil tanker, tankers, Oil platform, offshore platforms, drilling rigs, and Oil well, wells. They may also involve spills of Oil refinery, refined petroleum products, such as gasoline and diesel fuel, as well as their by-products. Additionally, heavier fuels used by large ships, such as bunker fuel, or spills of any oily refuse or waste oil, contribute to such incidents. These spills can have severe environmental and economic consequences. Oil spills penetrate into the structure of the plumage of birds and the fur of mammals, reducing its insulating ability, and making them more vulnerable to temperature fluctuations and muc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lloyd's Open Form
The Lloyd's Open Form, formally "Lloyd's Standard Form of Salvage Agreement", and commonly referred to as the LOF, is a standard form contract for a proposed marine salvage operation. Originating in the late 19th century, the form is published by Lloyd's of London and is the most commonly used form for international salvage. Innovations in the LOF 1980 have engendered a major change in environmental salvage. The salvage reward After a stricken ship accepts an offer of salvage from a salvor, a binding contract is created. It is then normal to agree upon the LOF in the interests of certainty of terms. The LOF is called "open" because it specifies no particular sum for the salvage job. Indeed it may not specify a sum, as salvage is not a "contract for services", but an agreement to provide a service in the hope of a "reward" to be determined later by an arbitration hearing in London, where several KCs practising at the Admiralty Bar specialise as maritime arbitrators. When deter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maritime Lien
A maritime lien, in English and US law and elsewhere, is a specific aspect of admiralty law concerning a claim against a ship for services rendered to it or injury caused by it. United States Court of Appeals, Fourth CircuitBominflot ''et al'' v. M/V Henrich S decided 4 October 2006, accessed 14 July 2023 Overview The maritime lien is one of three ''in rem'' claims capable of being brought under UK admiralty law. Whilst being a common law instrument, it has been codified under s.21(3) of the Senior Courts Act 1981 along with s.21(2) and s.21(4), its statutory counterparts. Maritime lien and ship mortgage have a single corresponding term in the civil law, namely the ship hypothec. The maritime lien is a proprietary instrument meaning it concerns the property: the ''res''. This includes the vessel (also covering its appurtenances and equipment), services rendered to it or injuries caused by that property. For example, a 2006 US case named the vessel ( M/V Henrich S) and "her ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
MV San Demetrio
Motor ship, MV ''San Demetrio'' was a British Marine propulsion#Reciprocating, motor Tanker (ship), tanker, notable for her service during the World War II, Second World War. She was built in 1938 for the Eagle Oil and Shipping Company. In 1940 she was damaged by enemy action in mid-Atlantic, abandoned by her crew but later re-boarded and successfully brought into harbour. She was the subject of a 1943 feature film, ''San Demetrio London'', one of the few films that recognised the heroism of the UK Merchant Navy (United Kingdom), Merchant Navy crews during the War. ''San Demetrio'' was one of several motor tankers of about built for Eagle Oil and Shipping in the latter 1930s. She was built by the Blythswood Shipbuilding Company of Glasgow, who had also launched her sister ships ''San Conrado'' in 1936 and ''San Cipriano'' in 1937. Convoy HX 84 ''San Demetrio'' had loaded 11,200 tons of Avgas, aviation fuel in Aruba, Dutch West Indies and was bound for Avonmouth, England. She w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self Preservation
Self-preservation is a behavior or set of behaviors that ensures the survival of an organism. It is thought to be universal among all living organisms. Self-preservation is essentially the process of an organism preventing itself from being harmed or killed and is considered a basic instinct in most organisms. Most call it a "survival instinct". Self-preservation is thought to be tied to an organism's reproductive fitness and can be more or less present according to perceived reproduction potential. If perceived reproductive potential is low enough, self-destructive behavior (i.e., the opposite) is not uncommon in social species. Self-preservation is also thought by some to be the basis of rational and logical thought and behavior. The opposite of self-preservation is self-destructive behavior. Overview An organism's fitness is measured by its ability to pass on its genes. The most straightforward way to accomplish this is to survive to a reproductive age, mate if necessary, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
