Shipping and Maritime Law 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 Shipping and Maritime Law flashcards as text
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).
The 'unseaworthiness' doctrine in maritime law imposes liability on the shipowner when:
Answer: A condition of the vessel or its equipment makes it not reasonably fit for its intended purpose
Unseaworthiness is an absolute duty requiring the vessel, its equipment, and crew to be reasonably fit for their intended purpose — liability is strict, not negligence-based.
What is the primary function of a 'ship's mortgage' under the Ship Mortgage Act?
Answer: To create a preferred maritime lien on the vessel that can be enforced by arrest
A preferred ship's mortgage under the Ship Mortgage Act creates a preferred lien on the vessel, senior to most other maritime liens, enforceable through admiralty court arrest.
In US admiralty law, which court has exclusive jurisdiction over most maritime matters?
Answer: Federal district courts with admiralty jurisdiction
Federal district courts have original and exclusive jurisdiction over most maritime and admiralty matters under Article III of the US Constitution.
What is 'general average' in maritime law?
Answer: A voluntary sacrifice of cargo or ship property to save the voyage, with losses shared proportionally by all interests
General average requires all cargo and ship interests to share proportionally in losses arising from a voluntary sacrifice made to save the common adventure.
A 'time charter' differs from a 'voyage charter' primarily because:
Answer: Under a time charter, the charterer controls the vessel's commercial employment for a set period while the owner retains operational control
In a time charter, the charterer directs commercial operations (what cargo, what ports) for a defined period, while the shipowner retains control over navigation and vessel management.
Which US statute provides the primary framework for regulating ocean shipping competition and tariff filing for common carriers?
Answer: The Shipping Act of 1984 as amended by the Ocean Shipping Reform Act
The Shipping Act of 1984, significantly amended by the Ocean Shipping Reform Acts of 1998 and 2022, governs ocean common carrier agreements, tariffs, and service contracts filed with the FMC.