Professional Documents
Culture Documents
Private Carrier
Role(s)/Responsibilities
1. Party to a Maritime Contract
Ship Master/Captain
1. Duty to exercise degree of diligence commensurate with circumstances 2. General Agent of Ship Owner
3. Commander and Technical Director 4. Representative of country under whose flag he navigates 5. Free to exercise hiw own best judgment 6. Presumed knowledgeable about nature of cargo and obligated to undertake precautionary measures to avoid or lessen possible deterioration 7. Duty to effect adjustment, liquidation and distribution of General Averages
Ship Owner
Civilly liable for acts of ship agent and captain Directly and primarily responsible in tort resulting in collision at sea Liable for injuries caused by collision of a vessel that was allowed by S/O to sail with unlicensed officers In case of collision, when both vessels are at fault, the ship owner may be held liable
Ship Agent
Entrusted with the provisioning of a vessel or represents her in the port inw hich she happens to be
Shipper
Pilot
Sailing Mate
Duty to guide vessels into or out of ports or in particular waters Entrusted with navigtion of vessels on the high seas Becomes Master Pro Hac Vice Second Chief of the Vessel
Second Mate
Takes command of the vessel in the absence or inability of Captain and sailing mate Obligations include preservation of vessel, keeping vessel ready for manuever, etc.
Examples
Bareboat Charters; Lease
Liability
Shipper must prove liability
Defenses
Due diligence or as otherwise stipulated Fortuitous Event/Force Majeure and otherwise stipulated Fortuitous Event/Force Majeure and otherwise stipulated
Countermand a pilot when obviously incompetent or intoxicated Authority to sign bills of lading; Carry goods aboard and deal with freight earned; agree upon rates and decide whether to take cargo Operation, preservation, protection
Fortuitous Event/Force Majeure and otherwise stipulated Fortuitous Event/Force Majeure and otherwise stipulated Fortuitous Event/Force Majeure and otherwise stipulated Fortuitous Event/Force Majeure and otherwise stipulated
Compliance with procedure Personal liability to shipper of Fortuitous Event/Force Majeure in Articles 813-814 jettisoned goods for failure to and otherwise stipulated observe duty aforementioned; Reimburse Ship Owner/Agent for indemnities to Third Persons Captain or Ship Agent GR: Damages and indemnities to failed to observe duties third parties to the extent of the required by law value of the vessel Maritime Tort GR: Damages and indemnities to third parties to the extent of the value of the vessel Beyond the value of vessel
Local representative of a foreign charterer of a vessel, which is the entity that represents the vessel in the Port of Manila
Indemnities in favor of third Abandonment of vessel, parties which arise from conduct equipments, and freightage of captain in the care of good which vessel carried
Fault or negligence of the Carrier, Captain, Ship Agent, or Crew; May go at once upon the Owner in such cases Fortuitous Event/Force Majeure and otherwise stipulated
Compulsory pilotage
Applicable Laws
Article 361, Code of Commerce
Jurisprudence
National Steel Corporation v. CA Far Eastern Shipping Co v. CA; Sweet Lines Inc v. CA Inter-Orient Maritime Enterprises Inc v. NLRC
Inter-Orient Maritime Enterprises Inc v. NLRC Inter-Orient Maritime Enterprises Inc v. NLRC Inter-Orient Maritime Enterprises Inc v. NLRC Tabacalera Insurance Co, et al v. North Front Shipping Services
Article 586-587, Code Standard Oil Company NY v. of Commerce Castelo Article 618, 826-839 Code of Commerce Manila Steamship Co. Inc v. Insa Abdulhaman Article 827, Code of Commerce
Article 626, 631 Code Smith Bell and Company v. of Commerce Gothong Article 632, Code of Commerce Smith Bell and Company v. Gothong