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Admiralty Law

Admiralty Law. Chapter 3 General Maritime Law. §3-1 Introduction. Maritime law deals with contracts and torts Contracts Torts Began from “sea codes”. §3-2 Negligence. “Tort” definition Who can bring Negligence cause of action Elements of Negligence Action Duty Breach Cause

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Admiralty Law

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  1. Admiralty Law Chapter 3 General Maritime Law

  2. §3-1 Introduction • Maritime law deals with contracts and torts • Contracts • Torts • Began from “sea codes”

  3. §3-2 Negligence • “Tort” definition • Who can bring Negligence cause of action • Elements of Negligence Action • Duty • Breach • Cause • Injury/damage

  4. §3-2 Negligence (con’t) • Vicarious Liability • Releases

  5. §3-3 Causation • 2-part analysis • Factual • Proximate Superseding Cause Avoidable consequences (mitigation)

  6. §3-4 Comparative Fault • More than 1 party at fault • Damages liability allocation • Contributory negligence • Degree of fault • “Pure” comparative fault

  7. §3-5 Passengers and Visitors • “Passenger” definition • “Visitor” definition • Degree/Duty of care • Passenger negligence claim elements • Standard of Care • Duty to Warn • Where to file? • SOL • Luggage, harrassment, etc.

  8. §3-6 Products Liability • Strict liability • What P must prove • Unreasonably dangerous • East River Case (1986)

  9. §3-7 Marine Service Contracts, Shipbuilders and Ship Repairers Admiralty law applies maritime service contracts negligent construction/design repair contracts Admiralty law does not apply ship construction/materials supply contracts

  10. §3-7 Marine Service Contracts, Shipbuilders and Ship Repairers (con’t) • Products Liability • Warranties and Disclaimers • Express warranties • Implied warranties (2) • Red Letter clauses • East River case (1986)

  11. §3-8 Marine Service Contracts and Warranty of Workmanlike Performance • WWLP • Italia Societa case (1964) • 1972 Congress amendments to LHWCA • Contracts cases • Personal Injury cases • Property damage cases • Attorney’s fees

  12. (various issues) • §3-9 Unseaworthiness • §3-10 Intentional Wrongs • §3-11 Assumption of Risk • §3-12 Last Clear Chance • §3-13 Contributory Negligence • §3-14 Joint/Several Liability

  13. §3-15 Damages • Elements of personal injury damages • Lost earning capacity • Medical/other expenses • Pain and suffering Loss of consortium

  14. §3-17 Punitive Damages • Historical • Types of cases • P’s showing • Intent of PD’s • Limits on PD’s

  15. §3-18 Contribution and Indemnity • Contribution • Indemnity • Persons with immunity §3-19 Contribution and Settlement

  16. §3-20 Contract Indemnity • What is it? • Exceptions (2) • State Anti-indemnity Statutes

  17. (various issues) • §3-21 Interest • §3-22 Time for Filing Suit • §3-23 Conflicts and Choice of Laws

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