Maritime Law Maritime Law 3 — Questions and Answers
Question 1: What is the primary purpose of the Carriage of Goods by Sea Act (COGSA)?
- To establish carrier liability standards and cargo owner rights for international ocean shipments to/from the U.S. (Correct answer)
- To regulate the licensing of maritime cargo handlers
- To set safety standards for vessels carrying dangerous goods
- To govern domestic coastal shipping contracts
Correct answer: To establish carrier liability standards and cargo owner rights for international ocean shipments to/from the U.S.
COGSA (46 U.S.C. §§ 30701 et seq.) implements the Hague Rules, limiting carrier liability to $500 per package while defining carrier duties for international ocean shipments.
Question 2: In admiralty law, what does an 'in rem' action mean?
- A lawsuit brought directly against a vessel or property (Correct answer)
- A personal lawsuit against the ship's owner
- An action filed in state court under maritime jurisdiction
- A claim filed against cargo at a port of destination
Correct answer: A lawsuit brought directly against a vessel or property
An in rem action in admiralty is a proceeding against the vessel itself as the defendant, allowing arrest of the ship to satisfy a maritime claim.
Question 3: What does 'seaworthiness' require of a vessel under maritime law?
- The vessel must be reasonably fit for its intended purpose, with adequate crew, equipment, and condition (Correct answer)
- The vessel must be certified by the U.S. Coast Guard as structurally sound
- The vessel must meet international tonnage requirements
- The vessel must carry insurance sufficient to cover cargo losses
Correct answer: The vessel must be reasonably fit for its intended purpose, with adequate crew, equipment, and condition
Seaworthiness is an absolute, non-delegable duty requiring the vessel, its equipment, and crew to be reasonably fit for the intended voyage and service.
Question 4: Under the Longshore and Harbor Workers' Compensation Act (LHWCA), who is covered?
- Maritime workers injured on navigable waters or adjoining areas who are not seamen (Correct answer)
- All seamen injured aboard vessels
- Only workers employed by U.S.-flagged shipping companies
- Federal employees working at naval shipyards
Correct answer: Maritime workers injured on navigable waters or adjoining areas who are not seamen
The LHWCA provides workers' compensation to maritime employees (longshoremen, ship repairers, harbor workers) who don't qualify as seamen under the Jones Act.
Question 5: What is the 'Limitation of Liability Act' and what does it permit?
- It allows a shipowner to limit liability for voyage-related claims to the value of the vessel and pending freight (Correct answer)
- It caps cargo damage claims at $500 per package regardless of circumstances
- It limits a seaman's maintenance rate to a statutory daily maximum
- It restricts personal injury claims to medical expenses only
Correct answer: It allows a shipowner to limit liability for voyage-related claims to the value of the vessel and pending freight
The Limitation of Liability Act (46 U.S.C. § 30501 et seq.) allows vessel owners to limit liability for maritime incidents to the post-casualty value of the ship plus pending freight.
Question 6: Which convention governs salvage operations and the rights of salvors under international maritime law?
- 1989 International Salvage Convention (Correct answer)
- SOLAS 1974
- 1976 Convention on Limitation of Liability
- Hamburg Rules 1978
Correct answer: 1989 International Salvage Convention
The 1989 International Salvage Convention replaced the 1910 Brussels Convention, introducing special compensation for environmental protection and requiring a successful outcome for traditional salvage awards.
Question 7: What is a 'bill of lading' in maritime commerce?
- A document that serves as a receipt for cargo, a contract of carriage, and a document of title (Correct answer)
- A government license required for international cargo transport
- An insurance certificate covering goods during ocean transit
- A customs declaration filed upon arrival at a foreign port
Correct answer: A document that serves as a receipt for cargo, a contract of carriage, and a document of title
A bill of lading functions simultaneously as a receipt for shipped goods, evidence of the contract of carriage, and a negotiable document of title to the cargo.
Maritime Law Maritime Law 3
What is the primary purpose of the Carriage of Goods by Sea Act (COGSA)?