Lesson 9: Civil liabilities of the vessel

Question 1

Legal definition of negligence

Answer 1

A breach of a recognised duty of care owed to a person who may reasonably be foreseen to suffer lose as result of that breach.

Question 2

Contributory negligence

Answer 2

• “Both to blame”
• Each party’s acts are examined and their portion is determined
  Three principles
  1. Liability of death is joint and several
  2. Liability for property damage caused by collision is recoverable from each party to the extent of their liability.
  3. Time limit to bring legal procedures is 2 years.

Question 3

1972 COLREG Convention

Answer 3

38 rules divided in 5 sections:

• Part A: General Rules
  - Rule 1: The rules apply to all vessels upon the high sea and all waters connected
• Part B: Steering and sailing
  - Rule 9: A vessel navigating in a narrow channel shall keep as near as possible to the outer limit of the channel
• Part C: Lights and Shapes
  - Rule 22: Covers visibility of light
• Part D: Sound and Light Signals
  - Rule 36: Covers Signals to attract attention
• Part E: Exemptions
  - Rule 38: Ships built before or already under construction when the 1972 Collision Regulations entered into force are exempted from some requirements

Question 4

What is General Average?

Answer 4

General average is when any extraordinary sacrifice intentionally and reasonably made for the common safety for the purpose of preserving from peril. Sharing financial expenses of an unexpected casualty.

Question 5

The York-Antwerp Rules

Answer 5

A set of Rules codifying the generally accepted practices of average adjusters.

Question 6

Is general average available for unseaworthy ship?

Answer 6

It is expressed in Rule D of YAR that the rights of contributions are not affected, though the event which caused the expenditure was due the fault of others parties

Question 7

Global limitation of liability

Answer 7

• Reduce personal exposure of the shipowner from negligence of crew
• Allowing the shipowner to continue trading and avoiding litigation

Question 8

What parties can limit their liabilities?

Answer 8

• Shipowners and salvors including

Question 9

Which rules apply to damage caused by oil pollution or bunkers pollution?

Answer 9

The 1992 Civil Liability Convention (1992 CLC) governs the liability of shipowners for oil pollution damage

Question 10

Liability for Bunker Oil Pollution

Answer 10

2001 Bunker Pollution Convention (“2001 BOPC”)

- Applies to pollution damage from bunker oil