Implied Warranty of Seaworthiness Under United States Maritime Law

Implied Warranty of Seaworthiness Under United States Maritime Law PDF Author: Robert Ongom Cwinya-ai
Publisher:
ISBN:
Category :
Languages : en
Pages : 18

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Book Description
Quot;Seaworthinessquot; in a vessel (ship) is the ability or inability of a vessel to stand the perils of the sea for the purpose of conveying the cargo (goods), that the vessel was hired to do. This relates to the vessel's fitness in order to perform this function across the sea or waterways. The term also means the vessel's being equipped for the purpose of conveying a particular kind of cargo. For example, a ship intended for the purpose of conveying cars must be equipped with the facilities of securing the vehicles into place onto the ship in such a way that the cars cannot move about with the movement of the ship in the sea during storm, leading the cars to become damaged.This work examines the extent of the warranty on the ship and cargo as seen by maritime law in the United States courts, as compared to the legal position under South African Marine Insurance Law. This work explores the differences and similarities of the legal positions under the two Maritime jurisdictions, and offers suggestions.

Implied Warranty of Seaworthiness Under United States Maritime Law

Implied Warranty of Seaworthiness Under United States Maritime Law PDF Author: Robert Ongom Cwinya-ai
Publisher:
ISBN:
Category :
Languages : en
Pages : 18

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Book Description
Quot;Seaworthinessquot; in a vessel (ship) is the ability or inability of a vessel to stand the perils of the sea for the purpose of conveying the cargo (goods), that the vessel was hired to do. This relates to the vessel's fitness in order to perform this function across the sea or waterways. The term also means the vessel's being equipped for the purpose of conveying a particular kind of cargo. For example, a ship intended for the purpose of conveying cars must be equipped with the facilities of securing the vehicles into place onto the ship in such a way that the cars cannot move about with the movement of the ship in the sea during storm, leading the cars to become damaged.This work examines the extent of the warranty on the ship and cargo as seen by maritime law in the United States courts, as compared to the legal position under South African Marine Insurance Law. This work explores the differences and similarities of the legal positions under the two Maritime jurisdictions, and offers suggestions.

Warranty of Seaworthiness, Third Party Liability: February 20 and 21, 1962

Warranty of Seaworthiness, Third Party Liability: February 20 and 21, 1962 PDF Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine
Publisher:
ISBN:
Category : Legislative hearings
Languages : en
Pages : 128

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Book Description
Pt. 1 Considers H.R. 207, to nullify shipowner liability to longshoremen based on warranty of seaworthiness; pt. 2 Continuation of hearings on H.R. 207, to limit vessel owners' liability in longshoremen's third party suits based on breach of seaworthiness warranty.

Warranty of Seaworthiness

Warranty of Seaworthiness PDF Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine
Publisher:
ISBN:
Category : Legislative hearings
Languages : en
Pages : 280

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Book Description
Pt. 1 Considers H.R. 207, to nullify shipowner liability to longshoremen based on warranty of seaworthiness; pt. 2 Continuation of hearings on H.R. 207, to limit vessel owners' liability in longshoremen's third party suits based on breach of seaworthiness warranty.

Warranty of Seaworthiness; Third Party Liability

Warranty of Seaworthiness; Third Party Liability PDF Author: United States. Congress. House. Committee on Merchant Marine and Fisheries
Publisher:
ISBN:
Category : Liability for marine accidents
Languages : en
Pages : 124

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Book Description


American Maritime Cases

American Maritime Cases PDF Author:
Publisher:
ISBN:
Category : Maritime law
Languages : en
Pages : 894

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Book Description


Warranty of Seaworthiness, Third Party Liability: February 20 and 21, 1962

Warranty of Seaworthiness, Third Party Liability: February 20 and 21, 1962 PDF Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine
Publisher:
ISBN:
Category : Legislative hearings
Languages : en
Pages : 264

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Book Description
Considers H.R. 207, to nullify shipowner liability to longshoremen based on warranty of seaworthiness; Continuation of hearings on H.R. 207, to limit vessel owners' liability in longshoremen's third party suits based on breach of seaworthiness warranty.

Key Divergences Between English and American Law of Marine Insurance

Key Divergences Between English and American Law of Marine Insurance PDF Author: Thomas J. Schoenbaum
Publisher: Cornell Maritime Press/Tidewater Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 232

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Book Description
From the time of Elizabeth I in the second half of the sixteenth century, London has dominated the marine insurance markets. This led the English to develop a law of marine insurance as well. A Chamber of Assurances was established in England in 1575, and the law of marine insurance, rooted in custom, developed through the cases decided by the courts. In the United States, marine insurance underwriting began in the eighteenth century, although British firms continued to dominate. The American law of marine insurance took its cue from English law; there was no American statute, and English legal precedents were cited routinely in American courts. For fifty years after the English law was codified in the Marine Insurance Act 1906 (MIA), it could truly be said that there was a unified Anglo-American law of marine insurance, and that English law was part of the "general maritime law" of the United States. The unity of the Anglo-American law, which was so beneficial to the international marine insurance industry, was broken abruptly in 1955 by the decision of the United States Supreme Court in Wilburn Boat v. Fireman's Fund Insurance Co., a case that created controversies over the uniformity of the law that have yet to subside. The purpose of this work is to explore the extent of the breakdown of the uniformity of the law and to point to its cure.

A Critical Analysis of the Law in Respect of the Implied Warranty of Seaworthiness as Currently Appears in the Marine Insurance Act 1906

A Critical Analysis of the Law in Respect of the Implied Warranty of Seaworthiness as Currently Appears in the Marine Insurance Act 1906 PDF Author: Wei Bin Li
Publisher:
ISBN:
Category :
Languages : en
Pages : 82

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Book Description


Carriers Liability - Including Defenses to Liability, Fault, Warranty of Seaworthiness, Burden of Proof in Multiple Causation Cases

Carriers Liability - Including Defenses to Liability, Fault, Warranty of Seaworthiness, Burden of Proof in Multiple Causation Cases PDF Author: Chester D. Hooper
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Admiralty and Maritime Law

Admiralty and Maritime Law PDF Author: Robert Force
Publisher: Beard Books
ISBN: 1587982900
Category : Law
Languages : en
Pages : 752

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Book Description
This is an abridged version of a casebook (previously published in two volumes) on admiralty and maritime law. Nine chapters cover: admiralty jurisdiction and procedure; federalism and admiralty jurisdiction; admiralty remedies; carriage of goods; charter parties; personal injury and death claims; collision and other accidents; maritime liens; and