MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Authorised by Academic Registrar, April 1996


LAW5116

Maritime law 506

Not offered in 1996

6 points + Three 1-hour lectures per week + One semester + Clayton + Prerequisite: LAW2100

Objectives Students who successfully complete this subject should (1) have acquired an understanding of the specialised concepts used in maritime law; (2) be able to analyse those concepts critically; (3) have a basic knowledge of the Australian law governing (a) carriage of goods by sea under bills of lading, voyage charterparties and contracts of affreightment, (b) time charterparties and other similar arrangements designed to separate the navigational and commercial operation of ships carrying goods by sea, (c) the Admiralty jurisdiction and the nature of actions in rem, (d) collisions at sea, (e) marine insurance on cargo, hull and machinery, (f) liability insurance by protection and indemnity associations, (g) limitation of liability according to the tonnage of the ship held liable, (h) salvage, and (i) marine pollution from ships; (4) have acquired a familiarity with the law governing the carriage of goods by sea in other countries, particularly those from which Australia imports goods; (5) be able to identify and resolve legal problems arising in the areas described in (3)(a)-(g) above; and (6) have some appreciation of the commercial context of the legal principles they have studied.

Synopsis Introduction to carriage of goods by sea; bills of lading; the Hague, Hague-Visby and Hamburg Rules; voyage charterparties; laytime and demurrage; time charterparties; maritime liens and other charges; the Admiralty jurisdiction; marine insurance; protection and indemnity insurance; collisions at sea; limitation of liability; salvage; marine pollution.

Assessment Written case study (6700 words): 67% + Written research assignment (3300 words): 33%

Texts


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