Admiralty and Maritime Law, Volume 1This 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. |
Contents
| 1 | |
| 27 | |
| 36 | |
| 71 | |
| 89 | |
G Extension of COGSA defenses immunities and limitations to noncarriers | 97 |
H Deviation | 104 |
J Forum Selection Clauses | 114 |
Cases and Notes | 286 |
Comparative Fault | 293 |
Exclusive Liability of the Employer 322 D Suits Against Shipowners | 326 |
E Contribution and Indemnity 337 F Stevedores Lien and Assignment of the Employees Action 348 933 Compensation for Injuries Where Third Pe... | 348 |
Contributory negligence 354 767 Exceptions from operation of chapter 354 C State Remedies | 354 |
Restrictions on Damages | 372 |
Products Liability | 381 |
B Damages | 410 |
K Statute of Limitations | 123 |
CHARTER PARTIES | 124 |
Time and Voyage ChartersDistinguished 131 D Contract Formalities | 135 |
F Safe PortSafe Berth | 172 |
G Voyage Charters | 180 |
PERSONAL INJURY AND DEATH CLAIMS | 208 |
Amount of Maintenance | 214 |
F Duration of the Obligation | 222 |
G Wage Penalties | 228 |
Standard of Care and Causation | 266 |
B Conflict of Laws | 280 |
TOWAGE PILOTAGE AND SALVAGE | 434 |
A Towage and Affreightment Contracts Distinguished 434 B Duties of Tug and Tow | 440 |
Exculpatory Clauses | 447 |
B Liability of Pilots Pilot Associations and Governmental Regulatory Agencies | 453 |
Salvage | 465 |
Property Subject to Salvage | 477 |
F Misconduct of Salvors | 492 |
G Contract Salvage | 502 |
H Life Salvage | 510 |
Remedies | 516 |
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Common terms and phrases
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
Popular passages
Page 112 - Any clause, covenant or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to or in connection with...
Page 354 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued...
Page 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.
Page 234 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative...
Page 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.
Page 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...
Page 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...
Page 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.
Page 106 - Any deviation in saving or attempting to save life or property at sea, or any reasonable deviation shall not be deemed to be an infringement or breach of these Rules or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.
Page 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).