Collision-Ch. 12

Question 1

Presumptions/Rules of the Road

Answer 1

Where there is a moving vessel and a stationary vessel, the presumption is that the moving vessel is at fault. This is not a rebuttable presumption, but merely shifts the burden over to the other party. Wardell

Question 2

Pennsylvania Rule

Answer 2

“When a ship at the time of a collision is in actual violation of a statutory rule intended to prevent collisions, it is no more than a reasonable presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster.”

Question 3

Determining Fault

Answer 3

1. Comparative/Proportionate Fault-Reliable Transfer OR
2. Unable to recover part of damages when plaintiff’s actions were the superseding/proximate cause of the accident. -Exxon

Question 4

Determining the “Rules of the Road”?

Answer 4

1. Look to the Collision Regulations (COLREGS) OR

2. Look to custom

Question 5

Divided Damages Rule

Answer 5

Each vessel was liable for its per capita share of all damages incurred in the collision, regardless of the degrees of the offending vessel.

Question 6

Types of Loss from Collision

Answer 6

a. Total Loss- If one vessel sinks

b. Constructive Total Loss- cost of repairing would exceed the value of the vessel

Question 7

Measuring Recovery for Loss Incurred, per Standard Oil

Answer 7

a. Fair market value at the time less the salvage value

b. Loss of Use-Have to prove that if not for the damages the vessel would currently be generating revenue.