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Persons in Maritime Law

Published on January 2018 | Categories: Documents | Downloads: 3 | Comments: 0
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Content

Person(s) in Maritime Law

Role(s)/Responsibilities

Private Carrier

1. Party to a Maritime Contract

Ship Master/Captain

1. Duty to exercise degree of diligence commensurate with circumstances 2. General Agent of Ship Owner

3. Commander and Technical Director 4. Representative of country under whose flag he navigates 5. Free to exercise hiw own best judgment 6. Presumed knowledgeable about nature of cargo and obligated to undertake precautionary measures to avoid or lessen possible deterioration 7. Duty to effect adjustment, liquidation and distribution of General Averages

Ship Owner

Civilly liable for acts of ship agent and captain Directly and primarily responsible in tort resulting in collision at sea Liable for injuries caused by collision of a vessel that was allowed by S/O to sail with unlicensed officers In case of collision, when both vessels are at fault, the ship owner may be held liable

Ship Agent

Entrusted with the provisioning of a vessel or represents her in the port inw hich she happens to be

Shipper

May be owner/consignor of the goods and as otherwise stipulated

Pilot

Duty to guide vessels into or out of ports or in particular waters Entrusted with navigtion of vessels on the high seas Becomes Master Pro Hac Vice Second Chief of the Vessel

Sailing Mate

Second Mate

Takes command of the vessel in the absence or inability of Captain and sailing mate Obligations include preservation of vessel, keeping vessel ready for manuever, etc.

Examples Bareboat Charters; Lease

Liability Shipper must prove liability

Countermand a pilot when obviously incompetent or intoxicated Authority to sign bills of lading; Carry goods aboard and deal with freight earned; agree upon rates and decide whether to take cargo Operation, preservation, protection

Defenses Due diligence or as otherwise stipulated Fortuitous Event/Force Majeure and otherwise stipulated Fortuitous Event/Force Majeure and otherwise stipulated

Fortuitous Event/Force Majeure and otherwise stipulated Fortuitous Event/Force Majeure and otherwise stipulated Fortuitous Event/Force Majeure and otherwise stipulated Fortuitous Event/Force Majeure and otherwise stipulated

Compliance with procedure Personal liability to shipper of Fortuitous Event/Force Majeure in Articles 813-814 jettisoned goods for failure to and otherwise stipulated observe duty aforementioned; Reimburse Ship Owner/Agent for indemnities to Third Persons Captain or Ship Agent GR: Damages and indemnities to failed to observe duties third parties to the extent of the required by law value of the vessel Maritime Tort GR: Damages and indemnities to third parties to the extent of the value of the vessel Beyond the value of vessel

Solidarily; for damage to own cargoes

Local representative of a foreign charterer of a vessel, which is the entity that represents the vessel in the Port of Manila

Compulsory pilotage

Indemnities in favor of third Abandonment of vessel, parties which arise from conduct equipments, and freightage of captain in the care of good which vessel carried

Goods are shipped at the risk of the shipper

Fault or negligence of the Carrier, Captain, Ship Agent, or Crew; May go at once upon the Owner in such cases

GR: Not Extraordinary Diligence, but as circumstances require

Fortuitous Event/Force Majeure and otherwise stipulated

Damages caused by his own negligence, or want of skill

Applicable Laws Article 361, Code of Commerce

Jurisprudence National Steel Corporation v. CA Far Eastern Shipping Co v. CA; Sweet Lines Inc v. CA Inter-Orient Maritime Enterprises Inc v. NLRC

Inter-Orient Maritime Enterprises Inc v. NLRC Inter-Orient Maritime Enterprises Inc v. NLRC Inter-Orient Maritime Enterprises Inc v. NLRC Tabacalera Insurance Co, et al v. North Front Shipping Services

Articles 813 - 814, Code of Commerce

Standard Oil Company NY v. Castelo; Philippine Home Assurance Corp v. CA

Article 586-587, Code Standard Oil Company NY v. of Commerce Castelo Article 618, 826-839 Code of Commerce Manila Steamship Co. Inc v. Insa Abdulhaman Article 827, Code of Commerce

Article 586-587, Code Switzerland General Insurance Co of Commerce v. Ramirez

Article 361, Code of Commerce

Article 612 (6)(7), Code of Commerce

Standard Oil Company NY v. Castelo

Far Eastern Shipping Co v. CA; Sweet Lines Inc v. CA

Article 626, 631 Code Smith Bell and Company v. of Commerce Gothong Article 632, Code of Commerce

Smith Bell and Company v. Gothong

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