Maritime Law How Maritime Law Works 5

Question 1

What is the doctrine of 'salvage' in maritime law, and what must a salvor prove to recover a salvage award?

Accepted Answer

That the salvage was voluntary, the vessel was in peril, and the salvage effort was at least partially successful

Answer

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?

Accepted Answer

The right of a coastal nation to inspect foreign vessels in its ports to verify compliance with international conventions

Answer

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?

Accepted Answer

The COGSA package limitation ($500 per package)

Answer

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?

Accepted Answer

A provision extending the carrier's COGSA defenses and liability limits to its agents, servants, and independent contractors

Answer

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?

Accepted Answer

Cure and maintenance

Answer

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.

Maritime Law Practice Test

Maritime Law Practice Test

Maritime Law How Maritime Law Works 5