Mixed Deck — All Maritime Law Topics Flashcards

Under U.S. law, what is the statute of limitations for a Jones Act seaman's negligence claim?

Answer: 3 years

The Jones Act incorporates the Federal Employers' Liability Act's 3-year statute of limitations for seamen's negligence claims.

The Special Compensation P&I Club (SCOPIC) clause modifies 'no cure, no pay' by providing a salvor with:

Answer: A minimum safety net payment even when the salvage operation fails to save property

SCOPIC provides salvors with a minimum rate-based compensation to encourage them to engage in environmentally sensitive salvages where the property value may be low but pollution risk is high.

Under the Jones Act, which workers are entitled to sue their employer for negligence?

Answer: Seamen injured in the course of employment

The Jones Act (46 U.S.C. § 30104) grants seamen the right to sue their employers for negligence, a remedy unavailable under general maritime law.

What is the legal doctrine of 'laches' as applied in maritime law?

Answer: A defense based on unreasonable delay in asserting a legal claim

Laches bars a claim when a party unreasonably delays filing suit and the delay prejudices the opposing party, commonly applied in admiralty cases lacking a statute of limitations.

Under OPA 90, a responsible party may be completely relieved of liability if the spill was caused solely by:

Answer: An act of God, an act of war, or the act or omission of an unrelated third party

OPA 90 provides complete defenses to liability only where the discharge was caused solely by an act of God, an act of war, or the act or omission of a third party with no contractual relationship to the responsible party.

A 'constructive total loss' (CTL) in marine insurance arises when:

Answer: The cost of repair or recovery exceeds the insured value of the vessel

A CTL occurs when the vessel is not an actual total loss but the cost of recovering or repairing it would exceed its insured value, making it commercially a total loss.

A 'through bill of lading' in multimodal transport is significant because it:

Answer: Covers the entire journey from origin to final destination under a single contract, potentially through multiple carriers

A through bill of lading covers multimodal transport from origin to final destination under one document, with the issuing carrier responsible for the entire journey including inland legs.

The Bunker Convention 2001 was designed to provide compensation for:

Answer: Pollution damage caused by bunker fuel spills from non-tanker vessels

The Bunker Convention 2001 establishes a liability and compensation regime specifically for pollution damage caused by spills of bunker (fuel) oil from ships other than tankers, filling a gap left by the CLC.

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.

Under US maritime law, a seaman's right to 'maintenance and cure' requires the shipowner to provide:

Answer: Daily living expenses and medical treatment until maximum medical improvement

Maintenance and cure obligates the shipowner to pay daily living expenses (maintenance) and medical costs (cure) until the seaman reaches maximum medical improvement (MMI).

What does MARPOL 73/78 regulate?

Answer: Pollution of the marine environment by ships, including oil, chemicals, sewage, and garbage

MARPOL (International Convention for the Prevention of Pollution from Ships) is the main international treaty governing pollution prevention from ships, covering six categories of pollutants in its annexes.

The factors a court considers when assessing a salvage award include all of the following EXCEPT:

Answer: The nationality of the salvage vessel

Salvage award factors under the Salvage Convention Article 13 include danger, skill, success, risk to salvors, environmental protection, and salved values — but not the nationality of the salving vessel.

What is a 'bareboat' (demise) charter and how does it differ from a time charter?

Answer: A bareboat charter transfers full possession and control of the vessel to the charterer, who becomes the owner pro hac vice; a time charter does not

Under a bareboat charter, the charterer takes complete control of the vessel and is responsible for crew, insurance, and operations, making them the owner for legal purposes during the charter period.

Which clause in a charter party or bill of lading requires disputes to be resolved in a specific jurisdiction or by arbitration?

Answer: Paramount clause

A paramount clause incorporates COGSA or the Hague Rules into the contract, while dispute resolution is handled by jurisdiction/arbitration clauses; however among the options, the paramount clause is not the right answer — the Himalaya clause extends defenses to third parties, the Jason clause preserves the carrier's right to general average even if negligent in navigation.

Where did the term "mayday" for an emergency radio call come from?

Answer: From the French phrase "M'aidez" - meaning 'Help me'.

The international distress signal 'Mayday' originated from the French phrase 'M'aidez,' which translates to 'Help me.' It was proposed in 1923 by Frederick Stanley Mockford, a senior radio officer, who needed a term easily understood by all pilots and ground staff regardless of their language. Its adoption ensures universal recognition of an urgent plea for assistance in maritime and aviation communications.

In marine insurance, 'general average' requires all parties sharing in a maritime venture to contribute to:

Answer: Losses deliberately incurred to save the venture from a common peril

General average is the principle that all parties (ship, cargo, freight) must contribute proportionally to extraordinary sacrifices or expenses made to save the whole venture from a common peril.

What is a 'port state control' inspection and what authority does it confer?

Answer: The right of a port state to inspect foreign-flagged vessels entering its ports to verify compliance with international safety and environmental standards

Port state control allows states to inspect foreign vessels in their ports under international conventions like SOLAS and MARPOL, and to detain deficient ships until violations are corrected.

The 'NYPE' form referenced in charter party practice stands for:

Answer: New York Produce Exchange

NYPE refers to the New York Produce Exchange time charter form, one of the most widely used standard charter party forms in international shipping.

The statute of limitations for a Jones Act negligence claim is:

Answer: 3 years from the date of injury

Jones Act claims are subject to the 3-year limitation period of 46 U.S.C. § 30106, which applies broadly to maritime personal injury and death actions.

The Jones Act (46 U.S.C. § 30104) allows a 'seaman' to sue their employer for negligence in which court?

Answer: Federal or state court of the seaman's choosing

The Jones Act gives seamen the right to sue their employer for negligence in either federal or state court, and the seaman may also demand a jury trial.