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So does maritime law override any contract between the ship owner and cargo shipper or does it just mandate that it is included in any contract? Also does the
by hnburnsy 5y ago
So does maritime law override any contract between the ship owner and cargo shipper or does it just mandate that it is included in any contract?
Also does the local pilot bear any responsibility?
>Ever Forward ran aground on March 13 outside the Craighill shipping channel in Chesapeake Bay as it departed the Port of Baltimore with a pilot on board.
From another article...
>The Bay pilot aboard had control of the ship at the time it ran aground. Investigators are still looking at whether it was a mechanical issue or operator error that caused it to leave the channel.
- vwarner1411 5y agoFrom what I've been told, the local pilots does not bear any responsibility. While I don't work on container ships, every time a pilot comes onboard our vessel (87m) we maintain control. The pilot provides guidance and assistance in navigation, but the captain or a bridge officer (depending on watch) is in control of the vessel. I think liability is removed from the pilots because ultimately the ships captain is responsible for the ship, and the officer on watch is actually in control.
- elliekelly 5y agoI’m curious what would happen if (or when) a ship’s captain/bridge officer “disobeys” a pilot’s order? Does that happen? Are ship captains obligated to comply with the pilot’s instructions or is the pilot offering take-it-or-leave-it guidance that most captains take?
- vimax 5y agoI'm pretty sure the captain outranks the pilot, it would be the pilot disobeying the captains order, which is mutiny.
- chha 5y agoCan it be regarded as mutiny when the pilot isn't part of the crew? I would have assumed that the captain is the master of the ship, and the pilot is there to provide guidance. I would have guessed that if the pilot provides guidance that places the ship at risk the master is then responsible if he follows the advice without recognizing the danger.
- greenhorn123 5y agoYou can't contract out of the law. That goes for almost all law I don't see why maritime law would be an exception.
- kingcharles 5y agoYou can waive your legal rights in a contract.
- pc86 5y agoSome legal rights but not all.
- multjoy 5y agoThe majority of contract case law has developed from shipping disputes. These are business transactions, not consumer ones, so there is plenty of scope to contract/indemnify out of all sorts of protections.
- dcx 5y agoI have worked nearby to this area - this is a legal principle, but the way this takes force in contracts is either by including a specific clause, or via a pointer to an international shipping standard which pulls in sensible defaults. Something like what happens with force majeure clauses [1]. International shipping contracts are themselves fairly standardised; they're thick and have all kinds of things in them, accreted over literally centuries of practice. [1] https://en.wikipedia.org/wiki/Force_majeure https://en.wikipedia.org/wiki/Force_majeure
- toyg 5y ago> they're thick and have all kinds of things in them, accreted over literally centuries of practice. Oh, so the field is ripe for disruption by a startup that will jettison all that, replace it with arbitrary anti-customer terms under a thin layer of technology, and make bank! /s
- sidewndr46 5y agoDon't forget making everything Wi-Fi enabled. Even if the device has no possible need for it.
- hnburnsy 5y agoThanks for the insight!
- deleted 5y ago[deleted]