Admiralty Law Part 14

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Towage contracts The contract and basic terms Various standard forms of towage contracts are available. However, the arrangements under these forms are not restrictive…

Admiralty Law Part 13

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. The concept of salvage 1989 Salvage Convention The 1989 Salvage Convention has the force of law under s.224 of the Merchant Shipping Act 1995…

Admiralty Law Part 12

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Limitation Of Liability Scope Of The 1976 London Convention On Limitation Of Liability For Maritime Claims The 1976 LLMC and its 1996 Protocol are…

Admiralty Law Part 11

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Civil Liability For Collision Damage Who May Be Liable? Standard Of Care And Burden Of Proof When ships collide, they are normally under the…

Admiralty Law Part 10

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Criminal liability for navigational incidents Breach of the COLREGS A failure to comply with the COLREGS can, irrespective of whether a collision is actually…

Admiralty Law Part 9

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Seamanship and the Collision Regulations (COLREGS) The COLREGS The COLREGS are a code of good practice endorsed by law. There are 38 Rules and…

Admiralty Law Part 8

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship sale and purchase Negotiations stage and binding contract During the negotiations the parties owe no duty to make full disclosure of their position…

Admiralty Law Part 7

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Shipbuilding contracts The contract The negotiations leading up to the contract formation are significant in ensuring what the parties want. The parties must not…

Admiralty Law Part 6

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship Mortgages Nature Of A Ship Mortgage The nature of a ship mortgage is statutory under most legal systems. Under English law it is…

Admiralty Law Part 5

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ownership And Management Registration Of Ships And Ownership Ship registration has two functions. The first concerns the public law character of ship registration. This…