Maritime Law How Maritime Law Works 5 — Questions and Answers
Question 1: What is the doctrine of 'salvage' in maritime law, and what must a salvor prove to recover a salvage award?
- That the salvor had a pre-existing contract with the vessel owner to provide rescue services
- That the salvage was voluntary, the vessel was in peril, and the salvage effort was at least partially successful (Correct answer)
- That the salvor suffered personal injury during the rescue operation
- That the salvor held a valid Coast Guard license for commercial towing operations
Correct answer: That the salvage was voluntary, the vessel was in peril, and the salvage effort was at least partially successful
To claim a salvage award, a salvor must show: (1) the service was voluntary (no pre-existing duty), (2) the property was in peril, and (3) the salvage effort was successful, at least in part.
Question 2: What is 'port state control' in international maritime law?
- The authority of a vessel's flag state to inspect ships in its national ports
- The right of a coastal nation to inspect foreign vessels in its ports to verify compliance with international conventions (Correct answer)
- A bilateral treaty allowing two nations to share port inspection duties
- The IMO's direct enforcement mechanism over non-compliant vessels
Correct answer: The right of a coastal nation to inspect foreign vessels in its ports to verify compliance with international conventions
Port state control allows coastal nations to inspect foreign-flagged vessels calling at their ports to ensure compliance with SOLAS, MARPOL, MLC, and other international conventions, regardless of the ship's flag.
Question 3: Which clause in a bill of lading typically limits a carrier's liability for cargo damage to a fixed amount per package or unit?
- The Himalaya clause
- The Jason clause
- The COGSA package limitation ($500 per package) (Correct answer)
- The Both-to-Blame Collision clause
Correct answer: The COGSA package limitation ($500 per package)
Under the Carriage of Goods by Sea Act (COGSA), a carrier's liability for cargo loss or damage is limited to $500 per package or per customary freight unit unless the shipper declares a higher value.
Question 4: What is the 'Himalaya clause' in a bill of lading?
- A clause requiring cargo to be insured against Himalayan weather events
- A provision extending the carrier's COGSA defenses and liability limits to its agents, servants, and independent contractors (Correct answer)
- A clause that nullifies the contract if the vessel deviates from the agreed route
- A requirement that bills of lading be governed by English law
Correct answer: A provision extending the carrier's COGSA defenses and liability limits to its agents, servants, and independent contractors
The Himalaya clause extends a carrier's contractual protections (such as COGSA limitations) to stevedores, terminal operators, and other third parties performing services under the bill of lading.
Question 5: Under U.S. maritime law, which remedy is available to an injured seaman for medical care and living expenses until maximum medical improvement?
- Cure and maintenance (Correct answer)
- Punitive damages under COGSA
- Supplemental Security Income (SSI)
- State workers' compensation benefits
Correct answer: Cure and maintenance
An injured seaman is entitled to 'maintenance' (a daily living allowance) and 'cure' (payment of reasonable medical expenses) from the vessel owner until the seaman reaches maximum medical improvement.
Question 6: What distinguishes an 'in rem' action from an 'in personam' action in admiralty law?
- In rem actions are filed in state court; in personam actions are filed in federal court
- In rem actions are brought against the vessel itself as defendant; in personam actions are brought against the owner or operator personally (Correct answer)
- In rem actions require a jury; in personam admiralty actions are always tried by a judge
- In rem actions are limited to cargo claims; in personam actions cover personal injury only
Correct answer: In rem actions are brought against the vessel itself as defendant; in personam actions are brought against the owner or operator personally
An in rem admiralty action names the vessel as the defendant and is used to enforce a maritime lien by arresting the ship, while an in personam action seeks a personal judgment against an individual or entity.
Question 7: What is the 'fellow servant rule' and why is it largely inapplicable to Jones Act seamen?
- It prevents seamen from suing foreign crew members in U.S. courts; the Jones Act created a federal forum for such claims
- It barred workers from suing employers for co-worker negligence at common law; the Jones Act abolished this defense for seamen (Correct answer)
- It requires seamen to arbitrate disputes with fellow crew members before filing suit
- It limits punitive damages when a crew member's negligence contributed to another's injury
Correct answer: It barred workers from suing employers for co-worker negligence at common law; the Jones Act abolished this defense for seamen
The fellow servant rule was a common law defense that barred employees from recovering for injuries caused by a co-worker's negligence; the Jones Act, modeled on FELA, eliminates this defense for qualifying seamen.
Maritime Law How Maritime Law Works 5
What is the doctrine of 'salvage' in maritime law, and what must a salvor prove to recover a salvage award?