The other name of the Maritime Law is known as the Admiralty Law. It is a body of law that generally governs the private maritime disputes that are generally occurred in our day to day life. Generally, the Maritime law consists of Domestic as well as Maritime activities consistently.
Maritime Law is one of the law act that generally the word Marine describes that water or underwater services to the Maritime Law conventions that govern private maritime business. It has some of the International rules as well as the governing rules and generally the use of the oceans and seas, are known as the Law of the Sea
What is the general maritime law?
According to the statement of US Govt Law, this maritime law was described on the reasons to some extent. The maritime laws were developed by the courts of the government, not by the status. Meanwhile, the General maritime law is comprised by the action of certain causes of the act that have generally rooted in history some times judicial doctrine and some of the factors generated by the courts presidents. Maritime lawyers are always familiar with all of these areas which follow all the properties and rules which have caused by the statements.
Understanding Maritime Law
Whenever we are trying to understand about the Martine law we need to learn some principles about maritime law, in most of the developed nations, Martine law follows separate codes that are an independent jurisdiction which from national laws.
Generally, Maritime law is a collection of a international agreements and also domestic laws. Most of the domestic laws codify and give domestic enforcement power to the international agreements, Most importantly in United States Maritime law is mostly federal law.
In some cases thing such as personal injury cases which occur on the seas have to go to a state court. Moreover, laws which specially address maritime issues and also activities are the federal laws. At the time when a case goes to the state court, so that federal law will typically applies. Mostly a lot of modern, codified maritime law come from British principles of common law.
Major Principles Of The Maritime Law:
They are Various types of the rules and the principles which apply to the activities on the high seas.
Maintenance And Cure:
At the time when seaman is in service to an employer, So that they have right to appropriate injury care. If a seaman gets hurt on the seas, then their employer have to treat them. The only term for this responsibility is maintenance and cure.
Moreover, seaman has an right to treatment till they have received the maximum possible medical benefit for their injuries. So that they have a right to treatment until the journey ends. Most importantly the long shore and harbor workers compensation Act required the ship owners just to offer a system which is similar to the workers compensation for an injured seamen.
Duties To Passengers:
At the time when a ship carries passengers, in that case they have an duty of reasonable care to the passengers. Which makes the ship owners liable for the negligence claims which arise during the journey. In that case the American passengers can able to bring the claims in U.S. federal courts. Terms between the passengers as well as carrier will offer a choice of forum. In many of the cases, Ship owners state that the passengers have to bring their cases in Miami or the Seattle. Courts basically enforce these type of choice of law agreements between the passengers and also ship owners.
Liens And Mortgages:
Generally, contractual disagreements arise which involve the companies who do business on international waters similarly they do for the companies which do business on land. At the time when these disputes arise, those involved must and should have an forum to resolve their disputes. Most importantly in the United States, contract disputes involving in the maritime activities go to the federal courts. Examples will include defaults on loans for an maritime activities and also wage disputes involving the maritime employees.
Treasure And Salvage:
At the time when the party used to recover lost treasure and other lost cargo, a question will arises as to how to fairly divide the recovered property. In that case the party who owns the property has rights to it. Moreover, the person who recovers it has an right to reward. Salvage cargo can be money, and it is also historical artifacts.
When a party trying to salvage lost cargo can able to enter into a contract with the property owner. The contract can able to state that the amount of the salvage reward. When the parties doesn’t enter into a contract ahead of time, The party which salvages the lost cargo still have the right to a reward. It is totally up to a court to decide an appropriate amount of the reward when the parties unable to agree. Usually, the amount of the reward will depend on the risk of loss which the party incurs and also other merits of the case. They are some formal rules just for engaging in salvage operations.
Life Saving On The High Seas:
Basically, there is no salvage reward for saving a life. Seamen are expected to do their best to save the life who are in danger on the high seas. Moreover, there is no right to reward for saving someone’s life, But seamen are obligated to do their best just to help others in peril.
Duties Of The Ship Owner:
Generally, a ship owner has a duty of care to their clients. When a ship transfers cargo for a client, So that the ship owner is responsible for the safety of the cargo from loading to discharge. They are some expectations such as acts of God and perishable goods.
Finally, Today in this article we have provided you the complete information about the maritime law. which is known as the admiralty law. So we will keep updating this article to give you the latest information.