Maritime Law Maritime Law 5 — Questions and Answers
Question 1: What is a 'bareboat' (demise) charter and how does it differ from a time charter?
- 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 (Correct answer)
- A bareboat charter covers only domestic voyages, while time charters cover international routes
- A bareboat charter includes crew provided by the owner; a time charter does not
- A bareboat charter is limited to vessels under 500 gross tons
Correct 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
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?
- Illegal acts of violence or detention for private ends committed on the high seas by a private ship against another ship or persons thereon (Correct answer)
- Any unauthorized boarding of a vessel regardless of location or motive
- Armed robbery within a port's territorial waters
- Theft of cargo by crew members aboard a vessel
Correct 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
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?
- Strict liability against the vessel owner without requiring proof of negligence (Correct answer)
- A longer statute of limitations for filing injury claims
- Higher damage caps for pain and suffering claims
- The right to sue the vessel's insurer directly
Correct answer: Strict liability against the vessel owner without requiring proof of negligence
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?
- The Exxon Valdez oil spill in Prince William Sound, Alaska in 1989 (Correct answer)
- The Deepwater Horizon blowout in the Gulf of Mexico in 2010
- A series of tanker collisions in the New York Harbor in 1988
- An offshore platform fire off the Louisiana coast in 1987
Correct answer: The Exxon Valdez oil spill in Prince William Sound, Alaska in 1989
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?
- 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 (Correct answer)
- A rule requiring maritime claims to be filed within 90 days of the incident
- The doctrine that a vessel that delays salvage loses priority to the salvage award
- A rule barring shipowners from asserting limitation of liability after undue delay
Correct 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
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.
Question 6: Which SOLAS chapter specifically addresses requirements for life-saving appliances on passenger and cargo vessels?
- Chapter III (Correct answer)
- Chapter II-1
- Chapter V
- Chapter XII
Correct answer: Chapter III
SOLAS Chapter III covers life-saving appliances and arrangements, including lifeboats, liferafts, immersion suits, and emergency signaling equipment.
Question 7: What is a 'port state control' inspection and what authority does it confer?
- The right of a port state to inspect foreign-flagged vessels entering its ports to verify compliance with international safety and environmental standards (Correct answer)
- A flag state's authority to inspect its own vessels at any foreign port
- An USCG program that inspects only U.S.-flagged vessels in domestic ports
- A customs inspection regime focused on cargo manifests and tariff compliance
Correct answer: The right of a port state to inspect foreign-flagged vessels entering its ports to verify compliance with international safety and environmental standards
Port state control allows states to inspect foreign vessels in their ports under international conventions like SOLAS and MARPOL, and to detain deficient ships until violations are corrected.
Maritime Law Maritime Law 5
What is a 'bareboat' (demise) charter and how does it differ from a time charter?