Essay Title: 

maritime law

March 24, 2016 | Author: | Posted in law

Name

Professor

October 3 , 2006

Maritime Law

1 . The Merchant Shipping Act of 1995 imposes a duty to the master of the ship to render assistance to the ship in distress promptly and immediately from the time he received a distress signal . Once a master receives a distress signal from a ship , it is his sacred duty to extend help to the vessel and to all the people inside the vessel . A master of the ship who fails to render assistance will suffer a penalty of imprisonment or fine p [banner_entry_middle]

However , a master of the ship shall be released from the abovementioned duty imposed by law under the following conditions

a . As soon as he is informed that another ship has already rendered assistance to the ship in distress

b . If he is informed by the person in distress or the master of another ship that has already extended assistance that his assistance is no longer needed

The duty of the master of the ship under the Merchant Shipping Act of 1995 overlaps with his duties under the law on torts because both law imposes upon him to observe due diligence and avoid any action that may cause injury to another . In the Merchant Act of 1995 , the duty of the master to render assistance to the ship in distress was derived from the principle that a person shall not cause injury or damage to another person . If a master refuses or fails in any manner to extend his assistance to the persons in distress , he is not only violating the said act but the law on torts as well

Intentional Torts is defined as any intentional acts that are reasonably foreseeable to cause harm to an individual (Torts Therefore , a master who fails to render assistance for causes that are not included in the exceptions is likewise guilty of intentional tort As part of his obligation as a master , there exists a presumption that he knows that if a ship in distress does not receive urgent assistance it will certainly cause severe damage and injury to many persons and properties or even death . Once he fails to render assistance to a ship in distress , aside from imprisonment , the victims and aggrieved parties can still hold him liable for damages pursuant to the law on tort

2 . In this situation , he is made to choose between the safety of the boat and the safety of human lives . Certainly , it becomes the solemn duty of the master of the ship to forego the safety of the boat and to give utmost priority to saving human lives . Human life is always more important than the destruction of a property

3 . If the members of his crew volunteered to man the boat it now becomes the solemn duty of the master to weigh the situation at hand He will have to rely on his experience and skill as a captain to determine whether the saving of another vessel in distress will only endanger the… [banner_entry_footer]

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