How Maritime Law Works Flashcards
7 cards from real Maritime Law practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 How Maritime Law Works flashcards as text
What is the doctrine of 'salvage' in maritime law, and what must a salvor prove to recover a salvage award?
Answer: That the salvage was voluntary, the vessel was in peril, and the salvage effort was at least partially successful
To claim a salvage award, a salvor must show: (1) the service was voluntary (no pre-existing duty), (2) the property was in peril, and (3) the salvage effort was successful, at least in part.
What is 'port state control' in international maritime law?
Answer: The right of a coastal nation to inspect foreign vessels in its ports to verify compliance with international conventions
Port state control allows coastal nations to inspect foreign-flagged vessels calling at their ports to ensure compliance with SOLAS, MARPOL, MLC, and other international conventions, regardless of the ship's flag.
Which clause in a bill of lading typically limits a carrier's liability for cargo damage to a fixed amount per package or unit?
Answer: The COGSA package limitation ($500 per package)
Under the Carriage of Goods by Sea Act (COGSA), a carrier's liability for cargo loss or damage is limited to $500 per package or per customary freight unit unless the shipper declares a higher value.
What is the 'Himalaya clause' in a bill of lading?
Answer: A provision extending the carrier's COGSA defenses and liability limits to its agents, servants, and independent contractors
The Himalaya clause extends a carrier's contractual protections (such as COGSA limitations) to stevedores, terminal operators, and other third parties performing services under the bill of lading.
Under U.S. maritime law, which remedy is available to an injured seaman for medical care and living expenses until maximum medical improvement?
Answer: Cure and maintenance
An injured seaman is entitled to 'maintenance' (a daily living allowance) and 'cure' (payment of reasonable medical expenses) from the vessel owner until the seaman reaches maximum medical improvement.
What distinguishes an 'in rem' action from an 'in personam' action in admiralty law?
Answer: In rem actions are brought against the vessel itself as defendant; in personam actions are brought against the owner or operator personally
An in rem admiralty action names the vessel as the defendant and is used to enforce a maritime lien by arresting the ship, while an in personam action seeks a personal judgment against an individual or entity.
What is the 'fellow servant rule' and why is it largely inapplicable to Jones Act seamen?
Answer: It barred workers from suing employers for co-worker negligence at common law; the Jones Act abolished this defense for seamen
The fellow servant rule was a common law defense that barred employees from recovering for injuries caused by a co-worker's negligence; the Jones Act, modeled on FELA, eliminates this defense for qualifying seamen.