Maritime Law Maritime Law 5

Question 1

What is a 'bareboat' (demise) charter and how does it differ from a time charter?

Accepted Answer

A bareboat charter transfers full possession and control of the vessel to the charterer, who becomes the owner pro hac vice; a time charter does not

Answer

Under a bareboat charter, the charterer takes complete control of the vessel and is responsible for crew, insurance, and operations, making them the owner for legal purposes during the charter period.

Question 2

What is 'piracy' under international maritime law as defined by UNCLOS?

Accepted Answer

Illegal acts of violence or detention for private ends committed on the high seas by a private ship against another ship or persons thereon

Answer

UNCLOS Article 101 defines piracy as illegal acts of violence, detention, or depredation committed for private ends on the high seas by crew or passengers of a private ship against another ship.

Question 3

What does the 'unseaworthiness' doctrine provide to an injured seaman beyond what the Jones Act offers?

Accepted Answer

Strict liability against the vessel owner without requiring proof of negligence

Answer

The unseaworthiness doctrine imposes absolute liability on shipowners for vessel conditions that are not reasonably fit for their intended purpose, without requiring proof of negligence.

Question 4

Under the Oil Pollution Act of 1990 (OPA 90), what triggered its enactment?

Accepted Answer

The Exxon Valdez oil spill in Prince William Sound, Alaska in 1989

Answer

OPA 90 was enacted in direct response to the 1989 Exxon Valdez disaster, establishing strict liability for oil spills and creating the Oil Spill Liability Trust Fund.

Question 5

What is the 'doctrine of laches' and how does it apply in admiralty cases?

Accepted Answer

An equitable defense barring claims when unreasonable delay has prejudiced the opposing party, used in place of a fixed statute of limitations in some admiralty claims

Answer

Laches bars admiralty claims where the claimant's unreasonable delay in asserting rights has caused prejudice to the defendant, serving as an equitable substitute for statutes of limitations in some maritime contexts.

Maritime Law Practice Test

Maritime Law Practice Test

Maritime Law Maritime Law 5