《MARITIME LAW CHRISTOPER HILL》
作者 | SECOND EDITION 编者 |
---|---|
出版 | LLOYD's of londn press ltd |
参考页数 | 382 |
出版时间 | 1985(求助前请核对) 目录预览 |
ISBN号 | 185044045X — 求助条款 |
PDF编号 | 813694178(仅供预览,未存储实际文件) |
求助格式 | 扫描PDF(若分多册发行,每次仅能受理1册) |

INTRODUCTION1
1 OWNERSHIP AND REGISTRATION3
Ownership3
Co-ownership4
Ship's Husband5
Who can own a British ship?6
Registered ownership9
Flags of convenience9
Requirements to satisfy Panamanian law13
Requirements to satisfy Liberian law13
Transmission of ownership14
Circumstances in which a sale may be ordered by the court15
Registration15
Definitions of statutory expressions16
'Ship'16
'Harbour'16
'Tidal water'16
Definition of 'British ship'16
Failure to register a British ship16
Vessels exempt from the obligation to register17
Definition of'government ships'17
Small Ships Register17
Port of registry18
The registrar18
Declaration of ownership19
Marking requirements19
Name of the vessel19
Official number and tonnage19
The ship's draught20
Naming of the vessel20
Change of ownership21
The certificate of registry21
Closing of registry22
2 SHIP MORTGAGES23
Mortgage of ship at common law24
Modern form of statutory mortgage24
How may an equitable mortgage be effected?25
Registration of statutory mortgages25
Legal mortgage of a registered ship (or share)26
The vital significance of registration26
Priorities26
What is a collateral deed?27
Transfer of a registered mortgage28
What is transferred under the mortgage?28
Fishing nets on trawlers28
What happens when a mortgage is discharged?29
What are the rights of the mortgagor?29
Insurance29
Power of a mortgagor to sell the ship30
To what extent has the mortgagor the right to redeem?31
What are the rights of the mortgagee?32
Default in mortgage repayments32
Endangering the security32
The mortgagee in possession35
The right of a mortgagee to foreclose on the mortgage35
Power of sale of a mortgagee36
Improper exercise of a mortgagee's powers38
What is a certificate of mortgage?39
Contents of certificate39
Appendix 1-Mortgage (Individuals or Joint Owners)42
Appendix 2-Mortgage (Body Corporate)44
3 SALE OF SHIP AND SHIPBUILDING CONTRACTS46
Sale of ship46
What is a sale?47
Representations49
Innocent misrepresentations49
Economic loss50
Fraudulent misrepresentations53
Breaches of contract treated as either conditions or warranties54
What is a condition?54
What is a warranty?54
Implied conditions and warranties55
Express conditions56
Contract term implied by court to give 'business efficacy'57
The ability of a seller to exclude his liability58
What is a consumer sale?59
What is an international sale?59
When does property pass?61
What are the seller's duties?62
What are the buyer's duties?62
What are the seller's remedies?62
What are the buyer's remedies?63
What is the position when the ship is under charter at time of sale?65
Shipbuilding contracts72
Formation of contract73
Duties of a builder75
Doctrine of frustration75
Passing of risk75
Destruction of ship being built75
What are the builder's remedies?76
What are the buyer's remedies?78
Appendix 1-Bill of Sale (Individuals or Joint Owners)84
Appendix 2-Bill of Sale (Body Corporate)86
Appendix 3-Memorandum of Agreement (Norwegian Saleform)88
4 JURISDICTION93
Supreme Court Act 1981103
What is a maritime hen?107
'Other charge'111
'Alternative ship arrest'111
'Ship repairer's lien'115
Meaning of 'beneficially owning'115
Arrest of ship115
Wrongful arrest127
Immunity of State-owned vessels127
Sovereign immunity127
5 COLLISIONS135
International regulations for the prevention of collisions at sea141
Causative potency155
The 'last opportunity' rule156
Presumption of fault158
The 1910 Collision Convention and the Maritime Conventions Act 1911158
Loss of life/personal injury claims160
The concept of contribution between joint tortfeasors161
Multiple collision situations162
Elder Brethren and nautical assessors164
Limitation period165
Brief summary of procedure165
'Tug and tow' situations166
The divided damages rule168
Division of loss168
(1) Collision involving damage to ship only168
(2) Collision involving ship and cargo damage only169
(3) Collision involving ship and cargo damage and loss of life and personal injury to crew169
Differences of United States law170
Measure of damages after collision171
Measure of damages where ship is damaged but not lost173
Ascertaining the remoteness of damage175
6 SALVAGE182
(a) Maritime property183
Life salvage183
(b) Voluntariness184
Instances where the crew of a ship in distress can claim salvage185
The position of a passenger claiming as salvor187
(c) Realdanger187
(d) The salvage service must be successful if only partially189
Lloyd's form of salvage agreement190
Application of the Unfair Contract Terms Act 1977 to contracts of marine salvage194
When does towage become salvage?195
When may a charterer be entitled to claim salvage?197
Apportionment as between owners, Master and crew of salving vessel197
The Maritime Conventions Act 1911200
The York/Antwerp Rules 1974200
Apportionment amongst various sets of salvors or salving ships200
Wrongful dispossession of earlier salvors by later salvors201
Possessory rights of a salvor203
Who contributes to a salvage award?203
How are values assessed?204
Ships204
Cargo205
Freight at risk205
To what extent may a salvor be held legally responsible for the consequences of his negligence?206
A salvor's ability to limit liability208
What happens if and when a wrongdoer 'turns salvor'?209
Circuity of action in the context of salvage actions210
Vessels belonging to the Crown211
What factors are taken into consideration by a tribunal when assessing a fair and reasonable award in any given set of circumstances?212
Fire212
An example of how a potential salvor cannot be classed as such213
Appendix-Lloyd's Standard Form of Salvage Agreement (1980 revision)216
7 TOWAGE222
Tug-owner's right to limit liability229
Appendix-United Kingdom Standard Conditions for Towage and Other Services (revised 1983)232
8 LIMITATION OF LIABILITY236
The limitation fund250
Application of limitation after maritime collision between two vessels at fault253
Tug and tow situations254
The Convention on Limitation of Liability for Maritime Claims 1976256
Constitution and distribution of limitation fund under the 1976 Convention258
Exclusion of Lability260
Time limitations262
The Maritime Conventions Act 1911262
Other statutes263
The equitable doctrine of laches264
9 OIL POLLUTION265
Trespass266
Public nuisance267
Private nuisance267
Civil liability based on international Convention268
International Convention on Civil Liability for Oil Pollution 1969273
The Oil Pollution (Compulsory Insurance) Regulations 1977282
International Convention on the Establishment of an International Fund for Compensation 1971285
Tovalop and Cristal296
Offshore installations potentially more dangerous than oil-laden tankers?301
Can complete uniformity and reciprocity ever be truly achieved?301
British preventive legislation301
Repeal of selected sections of the 1971 Prevention of Pollution Act305
Penalties307
Appendix 1-Ratifying countries of the Civil Liability Convention 1969310
Appendix 2-Ratifying countries of the 1971 Fund Convention312
10 SEAFARERS AND THE SHIP'S MASTER313
The contract of employment313
Crew lists315
Seamen's documents315
The Merchant Navy Establishment Administration (MNEA)315
Rights and duties of the seaman316
Wages317
Payment of wages319
Allotment of wages319
Claims against a seaman's wages320
Certificates of competency and manning320
Other specialists' positions320
Other ranks321
Safe manning scales321
The employment of aliens in United Kingdom-registered ships322
Welfare, safety and accommodation322
Health323
Repatriation323
Deceased seamen324
Industrial disputes324
Discipline325
Disciplinary procedures for the Merchant Navy326
Stowaways; unauthorized presence on board ship328
Unfair dismissal328
Liability for injury329
The role of the ship's Master331
11 PASSENGERS336
12 PILOTAGE344
What is a pilot?345
The doctrine of common employment347
What is compulsory pilotage?349
Defence of compulsory pilotage351
Geographical application of Pilotage Act352
Obligations under the compulsory pilotage provisions352
What constitutes an offer of pilotage services?354
Limitation of a pilot's liability354
A pilot authority's right to limit355
Comparison with Washington State pilotage law357
13 HARBOURS AND DOCKS358
Liability of harbour and port authorities to shipowners362
Liability of shipowners for damage to harbour, docks, etc367
Wreck removal370
INDEX377
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高度相关资料
-
- THE LAW OF THE SEA AND MARITIME BOUNDARY DELIMITATION IN SOUTH-EAST ASIA
- 1987年 OXFORD UNIVERSITY PRESS
-
- An historical view of the law of maritime commerce
- 1841 W.Blackwood and sons
-
- MARITIME LAW THIRD EDITION
- 1989 LLOYD'S OF LONDON PRESS LTD
-
- The Law Of Maritime Boundary Delimitation:A Case Study Of The Russian Federation
- 1994 Martinus Nijhoff Publishers
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- MARITIME LAW OF SALVAGE
- 1983 STEVENS AND SON
-
- The Greek Code of Private Maritime Law
- 1982 Kluwer Law International
-
- DROIT MARITIME
- 1982 NEUVIEME EDITION
-
- Droit maritime
- 1979 Dalloz
-
- MARITIME LAW VOLUME VOLUME I ARREST OF VESSLS
- 1976 KLUWER
-
- MARITIME LAW VOLUME II ENFORCED SALES OF VESSELS
- 1977 KLUWER
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