Whilst answering this assessment, you should be able to demonstrate in-depth understanding of the Admiralty topics within Maritime Law.
LO1 Demonstrate a critical awareness of the application of legal principles to solving practical maritime problems
LO2 Appraise pertinent contemporary issues within salvage, ship arrest and maritime liens.
LO3 Analyse duty of care issues within maritime disputes, collisions and towage
Coursework Specification and Corresponding Marks
(Max. 3000 Words):
Q1. The super tanker Angel Spirit has stranded off the southwest coast of Ireland in very bad weather and a large part of the persistent oil carried as cargo has gushed out of the vessel causing a massive oil spill with consequent substantial damage. The following are thinking of making claims:
- a) EasyJet Airlines in respect of losses resulting from a decrease in passengers on flights operated between Ireland and the Isles of Scilly. EasyJet Airlines operate the only service on this route;
- b) The local authorities responsible for southern Ireland County in respect of clean-up costs and in respect of eventual post-spill environmental studies;
- c) The Irish Government Government in respect of damage to the marine ecosystem;
- d) Crab fishermen based in Cork in respect of lost catches;
- e) A mobile ice-cream vendor based in Cork in respect of lost profits;
- f) A surfing school based in Cork in respect of loss of profits;
- g) A second-hand car dealer based in Cork city centre in respect of lost profits.
Discuss. (100 Marks)
“A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such damage would probably result.” (1976 Limitation Convention Article 4)
Discuss the implications of the above provision with reference to the relevant case- law.
Must use some of these References
Brice, G,(2003) Maritime Law of Salvage, 4th ed. London, Sweet and Maxwell.
Steel, D W & Rose, F D, (2002) Kennedy’s Law of Salvage, 6th ed. London, Sweet and Maxwell.
Hall, C (2003) Lloyd’s Practical Shipping Guide Maritime Law, 6th ed. London LLP
Branch, A (2007) Elements of Shipping, Routledge
Baughen, S. (2009) Shipping Law, 4th edn. London: Routledge-Cavendish.
Brodie, P. (2006) Commercial Shipping Handbook. 2nd edn. London: Inform Extenuating Circumstances