Sunday, September 15, 2019
Maritime Law Essay
On January 6th, 2007 the vessel collided with ââ¬Å"M. V Containerâ⬠while approaching to pilot station. The cause of the collision was due to wrong plotting position of 3rd officer from ââ¬Å"Never Struckâ⬠and wrongful act on COLREG 72 from ââ¬Å"M. V Containerâ⬠. Owners of the ââ¬Å"M. V Containerâ⬠claimed her damage cargo hold No 1. Cargo owner of fertilizer claimed to owner against delays. 4. general average vs. particular average (a) General average is incurred for the benefit of all interests but the particular average is in connection with just one of the many interests. b) General average is always voluntary and intentional but the particular average is an accidental or unexpected calamities. (c) General average is shared by all those who have benefited by the general average act. Particular average is paid by the insurer. (d) General average may include expenditure and sacrifice along with loss, whereas the particular average results from a loss or damage. 5. Conditions implying General Average In order for an act of sacrifice or expenditure to be considered an act of general average, six conditions must prevail. a) Common Maritime Adventure ââ¬â More than one party must be involved in the adventure so as to be ââ¬Ëcommonââ¬â¢ (shipowner, cargo owner). (b) Real and Common Danger ââ¬â all parties must have been actually benefited by the sacrifice due to a peril that endangers the adventure. (c) Extraordinary ââ¬â loss must be distinguished from ordinary loss because ordinary loss is not allowed for general average contributions. (d) Intentional ââ¬â decisions must be made and the loss must be voluntary. (e) Reasonableness ââ¬â unreasonable and unnecessary sacrifice or expenditure is not valid. f) Success ââ¬â the sacrificial actions must be able to save the property involved in a common maritime adventure from a particular danger. Where the ship and cargo is totally destroyed altogether, there will be no quest ion of general average. 6. CASE ANALYSIS In the case of ââ¬Å"Never Struckâ⬠and ââ¬Å"M. V Containerâ⬠, it was due to the negligence of 3rd officer in ââ¬Å"M. V Containerâ⬠who did not condone to Prevention of Collision Regulations 1972 which is a breach of international law, causing the two vessels to collide. Although ââ¬Å"Never Struckâ⬠did have a fault of its own, it did not however breach the international law of sea navigations. In applying the rules of Prevention of Collision Regulations 1972, Part A, section 2(a) and section 2(b), referred to as the ââ¬Å"General Prudentialâ⬠rule and provides for non-conformance with stated rules in order to prevent a collision, because what is paramount is to avoid or minimize the damaging effects of a collision, as opposed to blindly following the rules to the letter. The overall intent is to minimize actual collision taking place rather than rule compliance in itself. Due to negligence on the part of ââ¬Å"M. V Containerâ⬠she will not be able to claim against ââ¬Å"Never Struckâ⬠for the repairs of the cargo hold No 1. The cargo loss in the cargo hold No 1 which was lost due to the accident may however bring about an action in tort. If there was any further loss of cargo which was jettisoned in order to save the ship or expenses incurred after the collision in order to save the adventure may be liable for general average. As for ââ¬Å"Never Struckâ⬠, the cargo owner may claim either ââ¬Å"Never Struckâ⬠or ââ¬Å"M. V Containerâ⬠against delays. However it should and would not be considered in general average claims. Same as for the case of ââ¬Å"M. V Containerâ⬠, the cargo loss which was lost due to the accident may however bring about an action in tort. If there was any further loss of cargo which was jettisoned in order to save the ship or expenses incurred after the collision in order to save the adventure may be liable for general average. 7. CONCLUSION As a conclusion, collisions may lead to a series of claims and actions. These series of events may bring about the application a number of acts. It is important though to understand that General Average only exist if the act of sacrifice or expenditure is voluntary in order to save a common adventure from total loss at sea.
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