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Maritime Law Assignment

This document is a written exercise submitted by Jamie Anacta for their Master's in Shipping Management course on Maritime Law. The essay discusses the relevance and application of several key legal concepts to their role as an Assistant Training Manager. These concepts include the Doctrine of Limited Liability, Common Carrier status, negligence standards of Extraordinary Diligence and Ordinary Diligence, and the defense of Force Majeure. The essay emphasizes that thorough training is important to ensure seafarers' competence and the shipowner's potential defenses against liability for incidents.

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128 views2 pages

Maritime Law Assignment

This document is a written exercise submitted by Jamie Anacta for their Master's in Shipping Management course on Maritime Law. The essay discusses the relevance and application of several key legal concepts to their role as an Assistant Training Manager. These concepts include the Doctrine of Limited Liability, Common Carrier status, negligence standards of Extraordinary Diligence and Ordinary Diligence, and the defense of Force Majeure. The essay emphasizes that thorough training is important to ensure seafarers' competence and the shipowner's potential defenses against liability for incidents.

Uploaded by

jamie anacta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

PHILIPPINE MERCHANT MARINE ACADEMY


Graduate School, Manila

Master in Shipping Management

Course: Maritime Law

Submitted by: Jamie Anacta

Task: Written exercise about the Application or Relevance of the following concepts to your
work and create your own title.
 Doctrine of Limited Liability
 Common Carrier
 Culpa Contractual
 Culpa Aquiliana
 Force Majeure
 Extraordinary Diligence
 Ordinary Diligence
 Presumption of Fault or Negligence

Note: Word limits: not less than 250 words and not more than 2,000 words

Essay:

The Gist of Training in Maritime Law

As a part of the Training Department in our company, we provide necessary


trainings to our seafarers. Training is vitally important for seafarers – at all levels it
affects the standards of safety, operations, and effectiveness of crew. Training is both a
pivotal and emotive issue for seafarers – it is also extremely complex. With this
complexity, I will focus on emphasizing several legal doctrines and its relevance to my
job as an Assistant Training Manager and how it affects our seafarers.
As training improves the competence of the seafarers, the shipowners, who can
be classified as a common carrier, are relying on their skills to keep the crew, vessel,
and its cargo always safe. In case of any incident on board, it is often that the master is
held responsible. He represents the shipowner as well as the crew of his vessel. His job
is to make everyone safe. But what will happen if the vessel sink? Who will be held
responsible? The Doctrine of Limited Liability states that the liability of ship owner is
limited to ship owner’s interest over the vessel. Consequently, in case of loss, the ship
owner’s liability is also extinguished. Limited liability likewise extends to ship’s
appurtenances, equipment, freightage, and insurance proceeds. The ship owner’s or
agent’s liability is merely co-extensive with his interest in the vessel, such that a total
loss of the vessel results in the liability’s extinction. However, there are several
exceptions in this doctrines and one of it states that when the shipowner is guilty of fault
or negligence. But if the captain is the one who is guilty, the doctrine may still be
invoked, hence, abandonment is still an option. If the master of the vessel was found to
be guilty of negligence the shipowners may be held liable as well. They will question the
competency of the master or the seafarers, they will be assessed based on the trainings
they had or if they had applied it on board to avoid any kind of incident. To be found not
guilty of incompetency, they will have to prove that the ship owner/operator and the
crew of the vessel had exerted extra ordinary diligence not just ordinary diligence which
is expected from them. Given the above statement, the shipowner / operators and the
seafarers may not be held liable if the incident is because of force majeure and they had
done extraordinary diligence in the said situation.
To avoid such any incident, our company is giving relevant trainings based on
statutory and regulatory requirements above the standard of the industry to be able to
achieve our goal of a zero incident industry.

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