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THE MASTER

MAIN RESPONSIBILITIES
THE MASTER
 He may prejudice the Shipowner or third parties by his
errors or negligence and the latter then have the right to
sue him.
 He is personally responsible for his fault, however slight,
except fortuitous or force majeure cases.
THE MASTER
 His responsibility towards the
owners falls under the penal law,
as failure to discharge his
obligations conscientiously
imperils the maritime adventure
and consequently public
interests.
 Antedated Bills of Lading, bodily
injuries and loss of life caused by
collision, stranding or other
accidents, also fall under the
incidence of penal laws.
THE MASTER
 He is responsible under the civil law for non-
performance of the contract of carriage and for loss of,
and damage to, the goods if this occurs through his fault.
 Under certain circumstances the Master is responsible
for the manner in which he uses the vessel.
THE MASTER
 A) he can undertake to carry goods in special cases, but
he is not entitled to change the terms and conditions of
the contract concluded by the Shipowner. Nor is he
entitled to make concessions where demurrage is
concerned.
 B) he is not entitled to carry goods or passengers free of
charge or to use the ship in his own interest.
THE MASTER:
 He can raise money in cases of
great necessity outside the port
of residence of the Owner or of
his representative in order to
ensure continuation of the
marine adventure.
 The money can be used for
repairs, purchases of materials
and provisions, fuel, etc.
THE MASTER:
 He is not entitled to make the Owner responsible for
payment of any sums of money that are not necessary for
the marine adventure.
 In order to ensure the continuation of the marine
adventure the Master is entitled to raise money by
drawing draft on the Shipowner.
 The draft should specify the purpose for which the
money is required (repairs, bunker, provisions,
materials).
THE MASTER
 As a rule, the Shipowner cannot raise any objections
when the time comes for the draft to be honored.
 Such expenditure is justified only if needed in order to
ensure the ship’s seaworthiness and the execution of the
contract of carriage entered into by the Shipowner.
THE MASTER:
 The Master has no right to leave or
abandon the ship during the voyage
except under special conditions
provided by the law.
 For illegal abandonment he is
responsible under the law.
 Abandonment of the ship in case of
peril, circumstances permitting, is
carried out with the
recommendation of the mate, the
chief engineer and the main
members of the crew and only on
condition the salvage of
passengers, crew and as far as
possible of the valuable goods, has
been organized.
THE MASTER:
 He is on duty bound to be the
last to leave a sinking ship and
as far as possible to take with
him the log book, the
engineer’s log, the more
important ship documents, the
ship’s money and other
valuables.
NOTES:
 1. Failure to discharge one’s obligations = neindeplinirea
obligatiilor sale = non - fulfillment of one’s obligations
 To fail/failure = negative meaning

 He failed to answer our telex = Nu a raspuns


NOTES:
 2. On condition the salvage of the people on board has
been organized = cu conditia ca salvarea celor de la bord
sa fi fost organizata
 Present perfect = o actiune deja terminata intr-un moment
din viitor
 Subordonate de timp introduse de: after, as, before, when,
as soon as, till, until, if, in case, supposing, on condition
etc.
NOTES:
 O actiune care va avea loc in viitor se exprima printr-un
Present in limba engleza:
 We shall pay for the provisions as soon as we receive
them. = cand le vom primi
 We shall pay for them after we have spoken to the agent.
= dupa ce vom fi vorbit cu agentul
 Viitor/viitor perfect
VOCABULARY:
 Fortuitous = fortuit
 Stranding = esuare, punere pe uscat

 Demurrage = contrastalii

 To draw a draft = a trage o trată asupra

 Trată = Cambie prin care creditorul dispune unui debitor


al său să plătească o sumă de bani unei alte persoane la o
dată precizată; poliță.
1. ANSWER THE FOLLOWING
QUESTIONS:
 1. Who is entitled to sue the Master
of a ship and for what reason?
 What is the Master not entitled to
do?
 When can the Master raise money
for the owner’s account and how
does he raise that money?
 When is the Master entitled to
abandon his ship?
 Who is the last person to leave a
sinking ship and what should that
person take with him?
 2. Form verbs from the
following nouns and adjectives
and translate those verbs:
 Title

 Peril

 Failure

 Loss

 Performance

 Shipper

 Payment

 Sure

 Sinking

 Able
GIVE THE ANTONYMS OF:
 Performance of a contract
 Purchase

 Loading

 Responsible

 Possible

 Sure

 Valuable

 To discharge

 To purchase

 To raise
FILL IN THE BLANKS:
 A) to raise, -d, -d = a ridica;
 To rise, rose, risen = a se ridica

 1. The Master can ….. Money outside the owner’s port.

 2. They will no doubt ….. objections.

 3. They had to ….. that question.

 4. The level of the Danube ….. in spring.

 5. The barometer will surely …..

 6. At the meeting yesterday, a man in the front bench


…..his head and …..to his feet to speak
 B) the latter = cel de-al doilea, cel din urma
 The last = ultimul

 The latest = ultimul (cel mai recent)

 1. The Master must be the …..to leave a sinking ship.

 2. Here is the …..sailing list of the Near East area.

 3. The “Dauntless” and the “Undaunted” are both seaworthy


ships; the former is a tanker, the …..an ore-carrier.
 4. She was the …..vessel to sail from our port.

 5. This is the …..news, the …..information we could get.


5) TRANSLATE INTO ROMANIAN
 A) 1. Failure to carry out the instructions created many
misunderstandings.
 2. Failure to carry through the repairs left the ship
unseaworthy.
 3. He failed to carry out the plan.

 4. They failed to carry out the conditions of the contract.

 B) 1. He will not be able to raise any money until he


proves that it is needed to ensure the ship’s seaworthiness.
 2. He will only undertake to carry the goods after the
shipowner has given his consent.
 3. He will draw a draft on the shipowner as soon as he has
been informed what the repairs amount to.
 6) Give the word (words) answering the following
definitions:
 1. The company of seamen manning a ship.

 2. An allowance by the charterer of a vessel to the owner


for delay in loading and unloading beyond the time
named in the Charter Party.
 3. Fitness (of a ship) to go to sea.

 4. A written agreement to carry goods.

 5. One who travels in a public conveyance by land, water


or air.
 6. The act of saving (a ship, goods, etc.).
7) TRANSLATE INTO ENGLISH
 A. Use “failure” or “to fail”
 1. Neexecutarea contractului de transport; neindeplinirea
conditiilor contractuale; neexecutarea planului.
 2. Nu a indeplinit instructiunile;

 Nu a dus la bun sfarsit reparatiile;

 Nu a furnizat bunker.

 B. 1. Comandantul va avea dreptul sa faca concesii in


ceea ce priveste contrastaliile daca armatorul isi va da
consimtamantul.
 2. Comandantul va parasi nava dupa ce va fi organizat
salvarea pasagerilor.
 3. Ei nu vor avea dreptul sa ridice bani inainte ca
comandantul sa fi vorbit cu armatorul.
7) TRANSLATE INTO ENGLISH
 C. 1. comandantul are dreptul sa modifice clauzele si
conditiile unui contract incheiat de armator? Nu, el nu
are acest drept.
 2. Are el voie sa faca concesii in legatura cu
contrastaliile? Nu, nu are voie!
 3. Are el voie sa ridice sume de bani in contul
armatorului spre a asigura continuarea expeditiei? Da,
are!
 4. Poate armatorul sa faca obiectii in acest caz? Nu, nu
poate!
 5. Cand sunt asemenea cheltuieli justificate? Cand
trebuie sa asigure buna stare de navigabilitate a navei si
executarea contractului de transport.

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