CII Legal Case Study
Phase 1 Individual Project
CTU Online MGM365
Abstract
1. This is a tough situation to be in because CII is clearly at fault however; Mrs. Collins and her attorney definitely do not know what jurisdiction this situation falls under. The flag of convenience in this case is flagged in Liberia. Under Admiralty law, a ship 's flag determines what country has jurisdiction. Therefore the laws of Liberia have jurisdiction here.
2. The private law ramifications are large because there seems to be a breach of security. The two employees who robbed the Collins’ got passed the companies screening of employees. The employer-employee relationship has been broken and I would be sure that upon hiring the individuals that an agreement had to be signed stating that the very thing that has happened here would not because you are taking an oath of sorts to not steal from the passengers on the ship. The public law in this ordeal is between Mr. Collins, per Liberian law, and the country of Liberia and was stated on the passenger tickets and contracts that all claims by passengers or employees must be litigated in and under the law of the country whose flag the Sailfin flies under which is Liberia.
3. The legalities would be quite different if the incident happened at a CII resort in/on the US mainland. Mrs. Collins could act on behalf of her husband, she would be able to threaten to sue CII and it would hold its weight in court. She also would be able to get a district attorney somewhere to file criminal charges against the two robbers.
4. CII can go in either direction but the first could turn out negatively. The company could simply fall behind the Liberian laws and simply fax a letter back to Mrs. Collins attorney stating that under the law she has no standing to sue and CII could take a wait and see approach to see how Mr. Collins health turns out. Allow him the chance to get better and then see if he will bring forth a lawsuit. IN the meanwhile, I believe this will
CTU Online MGM365
Abstract
1. This is a tough situation to be in because CII is clearly at fault however; Mrs. Collins and her attorney definitely do not know what jurisdiction this situation falls under. The flag of convenience in this case is flagged in Liberia. Under Admiralty law, a ship 's flag determines what country has jurisdiction. Therefore the laws of Liberia have jurisdiction here.
2. The private law ramifications are large because there seems to be a breach of security. The two employees who robbed the Collins’ got passed the companies screening of employees. The employer-employee relationship has been broken and I would be sure that upon hiring the individuals that an agreement had to be signed stating that the very thing that has happened here would not because you are taking an oath of sorts to not steal from the passengers on the ship. The public law in this ordeal is between Mr. Collins, per Liberian law, and the country of Liberia and was stated on the passenger tickets and contracts that all claims by passengers or employees must be litigated in and under the law of the country whose flag the Sailfin flies under which is Liberia.
3. The legalities would be quite different if the incident happened at a CII resort in/on the US mainland. Mrs. Collins could act on behalf of her husband, she would be able to threaten to sue CII and it would hold its weight in court. She also would be able to get a district attorney somewhere to file criminal charges against the two robbers.
4. CII can go in either direction but the first could turn out negatively. The company could simply fall behind the Liberian laws and simply fax a letter back to Mrs. Collins attorney stating that under the law she has no standing to sue and CII could take a wait and see approach to see how Mr. Collins health turns out. Allow him the chance to get better and then see if he will bring forth a lawsuit. IN the meanwhile, I believe this will
References: January 12, 2010. "Admiralty Law Overview ". Admiralty Law. http://www.legal-database.com/admiralty-law-overview.htm.