BASIC PRINCIPLES OF MARITIME LAW FOR SHI P BROKERS AND AGENTS

TOPIC OUTLINE

Week 1 2

Introduction to Maritime Law and its Procedure Constitution and Statutory Basis of Admiralty Jurisdiction, Admiralty Jurisdiction: General Considerations, The Sources of Maritime Law, Unique Aspects of the Maritime Law, The Role of the Federal Court, Maritime Arbitration.

Week 3 4

Carriage Within the Context of International Trade, Common Carriage and Private Carriage, The Contract of Affreightment, Fundamentals of Freight, The Role of Freight Forwarders, Agents, and other Transport Intermediaries, Bills of Lading: Applicable Laws, Function and Use, Himalaya Clauses International Conventions Relating to Carriage of Goods by Sea.

Week 5 6

Coverage and Application of COGSA and Harter Act, Carriers Responsibility before Loading and After Discharge, Delivery of Cargo, Deck Cargo and Other Excluded Cargoes, Exoneration Clauses, The Shippers Prima Facie Case, Burdens of Proof and Presumptions, The Duty of the Carrier to Make the Vessel Seaworthy, The Carriers Duty, to Properly Load, Handle, etc, Neglect of the Carrier in Navigation or Management, etc., Fire, Perils of the Sea, Act of God, Act of War, Public Enemies etc., Faults of the Shipper, Deviation and Fundamental Breach, Limitation of Liability and the Package Problem.

Week 7 8

Charter Party Law and Practice,

Charter Party Forms and Functions, Charter Party Fixtures, The Demise Charter, The Voyage Charter, The Time Charter, Obligation to Provide a Seaworthy Vessel, Care of the Ship and Redelivery, Safe Ports and Berths, Freight, Hire and the Off Hire Clause, Prosecution of the Voyage, Loading and Discharge, Laytime, etc, Frustration and Commercial Impracticality.

Week 9 10

Maritime Liens, Nature, Creation and Acquisition Liens for Necessaries, Foreclosure and Priority of Claims, Discharge and Extinction of Liens; Rule C Arrest Rule B Attachment Your Agency fees; Brokerage Commissions, etc.

Week 11 12

Basic Principles (of G.A.), G.A. Procedure and Calculation. Elements of Salvage, Property Subject to Salvage, The Salvage Award, Pure Salvage, Contract Salvage, LOF Law of Finds Additional topics of interest

Maraist & Galligans Admiralty in a Nutshell, 5th Edition ISBN 9780314159687 (approx. $30)