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The name of the case upholding a clause in a contract of carriage that preserved an owner's general average rights despite crew negligence is called:
The name of the case upholding a clause in a contract of carriage that preserved an owner's general average rights despite crew negligence is called:
a The BLACKWALL
b The Pennsylvavia
c The Jason
d The Star of Hope.
Which of the following are reasons often given for the continuation of the application of the principles of general average?
a it gives the master of a vessel in crisis the freedom to deal with that crisis in a manner that will preserve life and property.
b it is fair because losses will be paid by the parties in the same proportion regardless of who owns the property is sacrificed.
c in the absence of a general average, a masters decision might be constrained by the financial interests of the vessel's owner.
d all of the above.
Which statement do you disagree with?
a general average can be denied if there is a sacrifice but the master was mistaken as to the existence of a peril.
b If there is a peril but the master is mistaken as to its degree and takes more drastic action than necessary, the general average will be denied.
c Rule V of the York Antwerp Rules extends general average to situations in which a ship is intentionally run ashore aground for the common safety. d The word "average" in shipping means expenses or loss to owners arising from damage at sea to the ship or cargo.
Which statement do you agree with?
a general average principles can be found in the ancient Rhodian Law as described in the ancient Digest of Justinian
b general average principles can be found in the ancient Rules of Oleron.
c The Rules of Oleron are named after the island of Oleron which lies off of the southwest coast of France.
d i agree with all of these statements.
Which statement about salvage law do you disagree with?
a seamen are generally not entitled to salvage if they save their own vessel.
b it remains an open question as to whether the US Coast Guard is entitled to salvage if it provides routine rescue efforts and saves a vessel.
c under US law a crew member is entitled to share in a salvage award earned by the vessel that the crew member is working on
d I do not disagree with any of these statements. I agree with all of the above.
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