Maritime Law Maritime Law 2 — Questions and Answers
Question 1: Under the Jones Act, which workers are entitled to sue their employer for negligence?
- Seamen injured in the course of employment (Correct answer)
- Longshoremen working on the dock
- Harbor pilots guiding vessels
- Shipyard workers on land
Correct 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.
Question 2: What is the doctrine of 'maintenance and cure' in maritime law?
- A vessel owner's duty to provide living expenses and medical treatment to an injured seaman (Correct answer)
- The obligation to maintain a seaworthy vessel
- A right to repair a ship at the employer's expense
- The duty to cure environmental damage caused by a vessel
Correct answer: A vessel owner's duty to provide living expenses and medical treatment to an injured seaman
Maintenance and cure obligates a vessel owner to pay a seaman's daily living expenses (maintenance) and medical costs (cure) until maximum medical improvement is reached.
Question 3: Which international convention establishes the framework for ship registration and flag state responsibilities?
- United Nations Convention on the Law of the Sea (UNCLOS) (Correct answer)
- SOLAS Convention
- MARPOL Convention
- Athens Convention
Correct answer: United Nations Convention on the Law of the Sea (UNCLOS)
UNCLOS Article 91–94 governs nationality of ships and requires flag states to exercise effective jurisdiction over vessels flying their flag.
Question 4: What does 'general average' mean in maritime law?
- A voluntary sacrifice of cargo or ship property to save the voyage, shared proportionally by all parties (Correct answer)
- The average condition of a vessel over its lifespan
- An average liability shared among all seamen for negligence
- The general speed maintained during a voyage
Correct answer: A voluntary sacrifice of cargo or ship property to save the voyage, shared proportionally by all parties
General average requires all cargo interests and the shipowner to share losses resulting from a voluntary sacrifice made to save the common maritime venture.
Question 5: Under U.S. law, what is the statute of limitations for a Jones Act seaman's negligence claim?
- 3 years (Correct answer)
- 1 year
- 6 years
- 2 years
Correct answer: 3 years
The Jones Act incorporates the Federal Employers' Liability Act's 3-year statute of limitations for seamen's negligence claims.
Question 6: What is a 'maritime lien' and what right does it grant?
- A claim against a vessel that follows the ship regardless of ownership changes (Correct answer)
- A lien on cargo held at port pending payment of freight
- A creditor's right to arrest the shipowner personally
- A government lien on vessels for unpaid port fees only
Correct answer: A claim against a vessel that follows the ship regardless of ownership changes
A maritime lien is a privileged claim upon a vessel that attaches to the ship itself and survives changes in ownership, enforceable through an in rem action.
Question 7: Which U.S. statute requires that goods transported between U.S. ports be carried on U.S.-built, U.S.-flagged, and U.S.-crewed vessels?
- Merchant Marine Act of 1920 (Jones Act) (Correct answer)
- Shipping Act of 1984
- Maritime Transportation Security Act
- Carriage of Goods by Sea Act
Correct answer: Merchant Marine Act of 1920 (Jones Act)
The Merchant Marine Act of 1920, known as the Jones Act, mandates cabotage restrictions requiring U.S.-built, U.S.-flagged, U.S.-owned, and U.S.-crewed vessels for domestic waterborne trade.
Maritime Law Maritime Law 2
Under the Jones Act, which workers are entitled to sue their employer for negligence?