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 due to wrong plotting position of tertiary office take controler from never Struck and wrongful act on COLREG 72 from M. V Container. Owners of the M. V Container statute titleed her damage commitment hold No 1. Cargo owner of fertilizer claimed to owner against delays. 4. everyday fairish vs. limited clean (a) General average is incurred for the benefit of all interests but the particular average is in connection with comely one of the many interests. b) General average is always unpaid worker and intentional but the particular average is an accidental or unexpected calamities. (c) General average is shared by all those who have benefited by the full general average act. Particular average is paid by the insurer. (d) General average may involve expenditure and sacrifice along with loss, whereas the particular average results from a loss or damage . 5.Conditions implying General average In order for an act of sacrifice or expenditure to be considered an act of general average, six-spot conditions must prevail. a) Common Maritime Adventure More than one party must be mired in the accident so as to be common ( delightowner, cargo owner). (b) Real and Common risk of exposure all parties must have been actually benefited by the sacrifice due to a peril that endangers the adventure. (c) awful loss must be distinguished from ordinary loss because ordinary loss is not allowed for general average contributions. (d) Intentional decisions must be made and the loss must be voluntary. (e) Reason ableness reasonless and unnecessary sacrifice or expenditure is not valid. f) Success the sacrificial follow ups must be able to save the property involved in a common maritime adventure from a particular danger. Where the ship and cargo is totally destroyed altogether, there will be no question of general average. 6. CASE ANALYSIS I n the case 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 check of multinational law, causing the two vessels to collide. Although Never Struck did have a fault of its own, it did not notwithstanding breach the international law of sea navigations.In applying the rules of Prevention of Collision Regulations 1972, Part A, section 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 void or minimize the damaging effects of a collision, as opposed to blindly following the rules to the letter. The boilers suit intent is to minimize actual collision taking place rather 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 N o 1.The cargo loss in the cargo hold No 1 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 likely 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. alike 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 lead to a series of claims and actions. These series of events may bring about the application 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.