Maritime Law Essay

On January 6th, 2007 the vessel collided with M. V Container while approaching to pilot station. The cause of the collision was referable to wrong plotting position of 3rd officeholder from never Struck and un rectitudeful defend on COLREG 72 from M. V Container. Owners of the M. V Container claimed her damage payload hold No 1. Cargo owner of fertilizer claimed to owner against delays. 4. everyday sightly vs. position modal(a) (a) General average is incurred for the benefit of only interests besides the set abouticular average is in connection with just genius of the many interests. b) General average is always instinctive and intentional but the particular average is an hazardal or unexpected calamities. (c) General average is shared by altogether those who pull in benefited by the general average act. Particular average is paid by the insurer. (d) General average whitethorn include expenditure and sacrifice along with divergence, whereas the particular average re sults from a loss or damage. 5.Conditions implying General modal(a) In arrange for an act of sacrifice or expenditure to be considered an act of general average, six conditions must prevail. a) Common Maritime Adventure More than one troupe must be gnarly in the adventure so as to be common (shipowner, clog owner). (b) Real and Common Danger all parties must have been actually benefited by the sacrifice due to a peril that endangers the adventure. (c) Extra everyday loss must be distinguished from ordinary loss because ordinary loss is not allowed for general average contributions. (d) designed decisions must be made and the loss must be voluntary. (e) tenability unreasonable and unnecessary sacrifice or expenditure is not valid. f) mastery the sacrificial actions must be able to and the property involved in a common maritime adventure from a particular danger. Where the ship and cargo is impartly destroyed altogether, on that point will be no question of general ave rage. 6. CASE ANALYSIS In the baptistry of never Struck and M. V Container, it was due to the negligence of 3rd officer in M. V Container who did not condone to Prevention of Collision Regulations 1972 which is a breach of international law, causing the two vessels to collide. Although neer Struck 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, arm 2(a) and section 2(b), referred to as the General Prudential 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 change effects of a collision, as opposed to blindly following the rules to the letter. The boilersuit intent is to minimize actual collision taking place sooner than rule compliance in itself. Due to negligence on the part of M. V Container she will not be able to claim against Never Struck 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 develop about an action in tort. If there was any further loss of cargo which was jettisoned in order to further the ship or expenses incurred after(prenominal) the collision in order to save the adventure may be liable for general average. As for Never Struck, the cargo owner may claim either Never Struck or M. V Container against delays. However it should and would not be considered in general average claims. Same as for the case of M. V Container, 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 perish to a series of claims and actions. These series of events may bring about the application program 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.