Tulane Law School - Tulane Maritime Law Center

Reference Library

Each of the links below sets out a brief description of the present state of U.S. law on the topic in question. These "capsule summaries" are not intended to be a comprehensive statement of the law on these topics, and they should not be relied on as such. They are a general outline of the issues raised and the manner in which they are resolved, and they provide some references for further research. More detailed analyses of almost all of these topics can be found in the Tulane Maritime Law Journal.

GENERAL
Conflict of laws - the U.S. choice of law test for maritime cases.
Maritime Products Liability.	A. Gordon Grant, Jr.
CARRIAGE OF GOODS BY SEA
The onus of proof in cargo claims.
To what documents does COGSA apply?
The period of an ocean carrier's responsibility.
The effect of "Said to contain"/"shipper's load stow and count"/STC and other bill of lading qualifications.
Are the carrier's seaworthiness and cargo-handling duties non-delegable?
Demise and identity of carrier clauses.
The fire defense.	Prof Martin Davies
The perils of the sea defense.
"Package" limitation for unpackaged items.
The "fair opportunity" doctrine and its effect on package limitation.
Limitation of liability and containerized cargoes.
Himalaya and circular indemnity clauses.
Does deviation deprive the carrier of the right to limit?
Deck carriage as a deviation.	Darnell Bludworth
Retla rust clauses.
Forum selection clauses and the Sky Reefer.
CHARTER PARTIES
When is a charter contract made?
Readiness to load.
The charterer's safe port/safe berth obligation.
Exceptions to laytime and demurrage time.
Withdrawal of time chartered ships.
COLLISIONS
The Pennsylvania Rule.
Allocation of fault - the Reliable Transfer rule.
Purely economic losses - the Robins Dry Dock rule.
Cargo claims and both-to-blame collisions.
JURISDICTION AND PROCEDURE
The maritime tort jurisdiction.
The maritime contract jurisdiction.
Arrest and attachment distinguished.	Joshua S. Force
"Saving to suitors" and actions in state courts.
Priorities of maritime liens.
Immunity of U.S. and state governments.
Immunity of foreign governments.
LIMITATION OF LIABILITY
The Limitation of Shipowner's Liability Act.
MARINE INSURANCE
The Wilburn Boat doctrine and the operation of state law.
The doctrine of utmost good faith.
Implied warranties of seaworthiness.
MARINE POLLUTION
The Comprehensive Environmental Response, Compensation and Liability Act of 1980.	A. Gordon Grant, Jr.
The Oil Pollution Act of 1990.	A. Carter Mills, IV
PERSONAL INJURY AND DEATH
Maintenance and cure.
The Jones Act (the basic outline).
The Jones Act - seaman status.	Christopher E. Carey, Esq.
The Jones Act - vessel in navigation.	Christopher E. Carey, Esq.
The Jones Act - standard of care and causation.
Forum selection clauses in employment contracts.
The unseaworthiness remedy.
The Death on the High Seas Act.
Deaths in territorial waters.