1. the locality test

2. significant relationship to traditional maritime activity 

3. potential disruptive effect on maritime commerce

 charter parties, affreightments, marine, supply services (whether on land or water), wharfage agreements, vessel storage agreements, contract for carriage of goods, stevedoring, carrying of passengers, maritime insurance, piloting agreement, ship mortgages, etc.

1. for building of a ship

2. to sell a ship

3. when there is a middle man (ex. to buy insurance)

those rivers must be regarded as public navigable rivers in law which are navigable in fact; and they are navigable in fact when they are used, OR are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are OR may be conducted in the customary modes of trade and travel on water

AKA must be able to serve as a "link" in interestate commerce

1. Unseaworthiness (to sue operator of vessel)

2. Maintenance and Cure (during work on or for vessel)

3. Jones Act (only statutory one) (on or in the service of the vessel) (can have jury) (only applies if negligence shown)

the subject matter of the contract must be directly and intimately related to the vessel

(precedence research required usually and court will use it and the test)

1. need for uniformity

2. effect on commerce

3. remedies available

4. expectation of the parties 

-in rem remedies; can sue the offending property

-can use arrest

-can include liens and attachment concepts

-Limitation of Liability actions

-concept of latches (like SOL)

when can you use the savings to suitors clause?

when can you not?

-in personam action; common law remedy 

-limitation of shipowner liability, ship mortgage act, suits in admiralty act, public vessels act, actions to foreclose preferred ship mortgages 

authorizes state courts to apply state remedies in admiralty cases as long as they don't make substantial changes to admiralty law (allows for jury trial as well)

(can't be removed)

-prize cases (action in rem during wartime against seized enemy maritime property)

-actions in rem under FRCP Supp Rule C (limitation action)

-actions in personam accompanied by maritime attachment under FRCP Supp B

-actions against the US under the suits in admiralty act

-actions against the US under the public vessels act

-possessory, petitory and partition actions in rem under FRCP Supp D

-actions to foreclose preferred ship mortgages under the Ship Mortgage Act

-actions for exoneration from or limitation of liability under FRCP Supp F

-

1. is it a characteristic feature of maritime law?

2. would it impact uniformity and harmony?

if no to both of these, may apply state law 

1. look to the common law of torts (Restatements)

2. court may "default" to a state law if there isn't one in admiralty

3. maritime local rule = certain local issues predominate over maritime law when there's no applicable maritime rule and uniformity is not crucial

4. to supplement a general maritime law

where does venue lie:

in personam?

in rem? 

where maritime cases are brought as federal or diversity actions?

-venue lies in the district where the defendant has been served with summons and complaint or where defendant's property has been attached

-venue is where the defendant's maritime property has been or could be arrested

-general venue statute applies (residence of plaintiff or defendant; place of business of defendant, or where the claim arose) unless there is a specific federal statutory venue provision otherwise 

-in the district where the vessel has been attached or arrested

-if hasn't been arrested or attached, where you have been sued

-if hasn't been arrested or attached and you haven't been sued, where the vessel is currently located

-if it has not been arrested or attached, and haven't been sued, and vessel is not in a district, then can sue wherever you want

Private: 1. relative ease of access to sources of proof 2. availability of compulsory process for attendance of unwilling and the cost of obtaining attendance of willing witnesses 3. possibility of view of the premises 4. all other practical problems that make a trial easy, expeditious and inexpensive, enforceability of a judgment if one is obtained 

Public: 1. administrative difficulties flowing from court congestion 2. local interest in having localized controversies resolved at home 3. interest in having the trial of a case in a forum that is familiar with the law that governs actions 4. avoidance of unnecessary problems and conflicts of law or an application of foreign law 5. unfairness of burdening citizens in an unrelated forum with jury duty

1. the place of the wrongful act

2. the flag of the vessel

3. the domicile of the seaman

4. the allegiance of the shipowner

5. the place of contract

6. the accessibility of the foreign forum

7. the law of the forum

8. the defendant's base of operations 

1. the marshal

2. lien holders

3. plaintif

1. Plaintiff files a complaint invoking maritime JD, showing a lien over the vessel, and the vessel is in that district

2. Verification is in the complaint that either an officer of the plaintiff company or the plaintiff or the lawyer swears to the best of their knowledge, the facts in the complaint are true

3. Clerk of court will issue the warrant of arrest after getting permission from judge

4. Pre-pay the marshal's expenses for insurance, wharfage and security services

5. Shipowner will have to come into court and make an appearance and if he doesn't within certain amount of time, vessel will be condemned and sold

4. 

1. attachment provides a means to assure satisfaction if a suit is successful

2. to insure a defendant's appearance in an action, an aspect of attachment is inextricably linked to a plaintiff's substantive right to recover 

Front- names of the shipper, nominal consignee, the "notify party" that should take delivery, the vessel, ports of loading and discharge, marks and numbers on the packages and their weight and volume of freight

Back- collection of conditions and incorporated laws that seek to allocate the risks of cargo and damages

1. A receipt from the carrier to the shipper acknowledging receipt of the goods in the quantity and condition stated on the BOL

2. A contract of freightment-terms are included here

3. A document of title identifying the owner of the goods

4. A document of delivery

1. Straight- says the goods must be delivered to the consignee named on BOL

2. Negotiable- carries the goods to the order of the consignee, delivers these goods to any person who is identified as the holder in due course without notice

-to exercise due diligence at the outset of the voyage to provide a seaworthy ship

-to provide due diligence to properly equip, man and load the vessel

-to make the holds, cooling areas, etc. fit and safe for preservation and carriage of the goods

Employee related- error in navigation, by fire, by error in management

Outside causes- act of war, act of public enemies, arrest or restraint of princes/rulers/or people, quarantine restrictions, strikes/lockouts, riots/civil commotions, attempting to save life or property at sea

Natural forces- perils/dangers/accidents of the sea; acts of God

Issues that are the shippers fault- act or omission of the shipper or owner of the goods/his agent/representative, wastage in bulk or weight or inherent defect/quality/vice of goods, insufficiency of packing, insufficiency of adequacy of marks

Loss or damage occuring despite the exercise of due diligence

Negligent Act 

v. 

Error in Management

-endangers the cargo but not the ship as a whole

-endangers the ship AND the cargo

Based upon the market value at the port of destination on the date when the cargo was or should have been delivered 

If harmed or late, damages are % of market value lost

-to deliver the vessel specified in the contract

-to deliver the vessel at a given place at a given time ready to perform the designated work

-to provide a seaworthy vessel

Front page- boxes that the parties fill in with the primary terms that define the transaction when everything goes right 

Back page- remedial causes that allocate responsibility between owners and charterers for things that frequently go wrong under the particular form of charter

physical/natural reasons

blockage problems

weather problems

political considerations

(poor weather conditions doesn't count)

1. something unexpected occurs

2. the risk of that unexpected event must not have been allocated by agreement or custom

3. the occurrence must have rendered performance of a charter commercially impractical 

-a vessel runs into another vessel in motion

-runs into a stationary vessel (allision)

-goes aground

-blows up

-burns up

-breaks up

-sinks 

vessels

cargo

structures

people

environment 

1. Total loss = market value at time of loss

2. Constructive total loss = out of services costs + cost of repair > pre-collision value

3. Partially damaged = reasonable cost of repair + related expense + loss of use damages 

it's in the BOL

HYPO: A is carrying C's cargo and wrecks with B

clause says if C sues B, C has to pay A the $ right back

These clauses named invalid in US v. Atlantic Mutual

R: if 2 foreign flag vessels have accident on the high seas and one is arrested in US harbor, it is proper for US to hold JD

Exception: special circumstances exist to show that justice would be better served by declining JD

R: US procedural law will apply and the court will apply general maritime law for the substantive law

Exception: the vessels are of the same flag! then that substantive law will apply

Exception #2: they have mutual laws between their flag countries- those conventions will apply 

Exception #3: the accident happens in a foriegn territories waters- that law will apply 

Constant Bearing Decreasing Range

tells you distance from the other boat and comparative speeds by comparing them to you over time