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Admiralty Tidbit - Law of General Average

January 16th, 2008 · Comments

The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency.In the exigencies of hazards faced at sea, crewmembers often have precious little time in which to determine precisely whose cargo they are jettisoning. Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo was on board would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril.

Source: Wikipedia

Do you or you’re firm disagree with Wikipedia’s suggestion? Consider sponsoring an Admiralty Law tidbit and we’ll publish your answer next week with a link to you’re site.

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Pilot Liability - Changes In Law and Industry Culture

December 13th, 2007 · Comments

In this week’s edition of The Maritime Executive Newsletter managing editor Joseph Keefe, weighs in on the changing dynamics of the Master, Pilot and Port State relationship in light of the Cosco Busan incident;

At this early stage, just one thing is perfectly clear: the Cosco Busan allision will ultimately help to redefine the role of, and the liabilities facing marine pilots in the United States today. One of the most primary questions asked of any deck cadet at any maritime academy is: What is the role of the pilot? And, the answer, of course, is (c.), “the pilot provides guidance to, but is not in charge of the vessel.” That tenet has been upheld in many venues, for many, many years. In reality, however, the typical marine pilot who guides a vessel in from the sea buoy to the dock is in complete control of that vessel on the inbound leg. He or she better be, because often the captain of a particular vessel may have never transited that restricted waterway.

This is just an excerpt of Keefe’s well written article, you can continue reading HERE.

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