How Maritime Law Works Flashcards
7 cards from real Maritime Law practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 How Maritime Law Works flashcards as text
Under the Death on the High Seas Act (DOHSA), when does federal law provide a wrongful death remedy?
Answer: When death occurs more than 3 nautical miles from the U.S. shoreline
DOHSA (46 U.S.C. § 30301) provides a federal wrongful death cause of action when death results from a wrongful act or negligence on the high seas beyond 3 nautical miles from U.S. shores.
What is a 'bareboat charter' (also called a demise charter) in maritime law?
Answer: A charter where the charterer takes full possession and control of a vessel without crew or supplies
In a bareboat or demise charter, the charterer takes complete possession of the vessel, assumes responsibility for crewing and operating it, and becomes the legal owner for purposes of liability.
Which international convention establishes minimum safety standards for ships engaged in international voyages?
Answer: SOLAS (Safety of Life at Sea Convention)
The International Convention for the Safety of Life at Sea (SOLAS), first adopted in 1914 and updated most recently in 1974, is the primary international treaty covering ship safety.
What remedy does a maritime worker have under the 'unseaworthiness' doctrine against a vessel owner?
Answer: Strict liability for injuries caused by a vessel or equipment not reasonably fit for its intended purpose
The unseaworthiness doctrine imposes strict liability on vessel owners — without proof of negligence — when a defective vessel, appurtenance, or crew makes the ship unsafe.
Which document is required by the IMO and sets out the conditions of a seafarer's employment?
Answer: Seafarers' Employment Agreement (SEA)
The Maritime Labour Convention (MLC 2006) requires that seafarers have a Seafarers' Employment Agreement specifying their rights, duties, wages, and working conditions.
What is 'subrogation' in the context of marine insurance?
Answer: The insurer's right to step into the shoes of the insured and sue the party responsible for a covered loss
Marine insurance subrogation allows the insurer, after paying a claim, to sue the third party responsible for the loss to recover what it paid.
Under U.S. law, what is the statute of limitations for a personal injury claim under the Jones Act?
Answer: 3 years
Jones Act personal injury claims must be filed within 3 years of the date of injury, mirroring the statute of limitations for Federal Employers' Liability Act (FELA) claims.