Fundamental of maritime law


Question 1: Claims to be processed in the Admiralty courts can be served in rem or in personum. Describe:

a) What is the difference between such two claim paths?
b) Traditionally, how documents for an action are in rem served.
c) What effect does posting bail against service have?

Question 2: All contracts, including contracts of affreightment, comprises of various express and implied terms and conditions.

a) What is the difference between a contractual ‘term’ and a ‘condition’?
b) In brief describe what is meant by ‘implied term’.
c) Why are implied terms considered an essential feature of a contract?
d) Give general illustrations of ‘implied terms’ in a contract.
e) In brief describe what is meant by the term privity of contract.

Question 3: With regard to Bills of Lading:

a) What are the principal functions of a Bill of Lading?
b) What details would you generally expect to be entered onto a Bill of Lading?

Question 4: A vessel has suffered heavy weather all through her voyage and has made for a port of refuge. What advice would you offer the Master for declaring General Average?

Question 5: Arbitration is regularly used in the settlement of maritime disputes.

a) Describe the process for arbitration.
b) What are the advantages of arbitration?

Question 6: You have a charter party that comprises the Hague Visby rules. Describe about the Hague Visby rules and their application.

Question 7: With regard to the terms of a charter party, describe the following:

a) Seaworthiness
b) Deviation.

Question 8: Describe Lloyds Open Form (LOF) and its application to the marine salvage.

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Business Law and Ethics: Fundamental of maritime law
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