《MARITIME LAW CHRISTOPER HILL》求取 ⇩

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