Marlaw

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  • Topic: Ship, International Maritime Organization, Ship types
  • Pages : 10 (3269 words )
  • Download(s) : 82
  • Published : March 15, 2013
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DIFFERENCE BETWEEN COLLISION FROM ALLISION
A collision is when two objects strike each other, as when two ships passing make a misjudgment and one strikes another. An allision is similar, but refers to a collision where one of the two objects is stationary. The term is generally used in a nautical context. If a ship or boat strikes against a bridge abutment, this is called an allision. ALLISION

An allision is a maritime accident where one boat hits another or collides with a fixed object like a bridge. This term is different from a collision, which os where two moving objects strike each other. There may be special legal considerations with an allision, namely increased responsibility on the part of the person who was controlling the moving vessel, especially in the case of a large stationary object like a bridge that should have been easily avoided. There are a number of reasons why an allision can occur. When one boat hits another, it may be the result of a boat at anchor failing to display proper signaling or not using lighting to make sure other boats can see it. This can be a particularly large problem with small boats and very large ships; a sailing boat can be practically invisible to people on a supertanker if it is not clearly illuminated. In other instances, boat operators comply with laws about making sure they are visible and the people in charge of another boat fail to see them or lose control of their vessel and have trouble avoiding the anchored or docked boat. A collision is an isolated event in which two or more moving bodies (colliding bodies) exert forces on each other for a relatively short time. Although the most common colloquial use of the word "collision" refers to accidents in which two or more objects collide, the scientific use of the word "collision" implies nothing about the magnitude of the forces.   IN CASES OF COLLISION, STATE AND EXPALIN THE 3 TYPES OF POSSIBLE LIABILITIES? -------------------------------------------------

Protection and indemnity
Main article: Protection and indemnity insurance
A marine policy typically covered only three-quarter of the insured's liabilities towards third parties. The typical liabilities arise in respect of collision with another ship, known as "running down" (collision with a fixed object is an "harbour"), and wreck removal (a wreck may serve to block a harbour, for example). In the 19th century, shipowners banded together in mutual underwriting clubs known as Protection and Indemnity Clubs (P&I), to insure the remaining one-quarter liability amongst themselves. These Clubs are still in existence today and have become the model for other specialized and noncommercial marine and non-marine mutuals, for example in relation to oil pollution and nuclear risks. Clubs work on the basis of agreeing to accept a shipowner as a member and levying an initial "call" (premium). With the fund accumulated, reinsurance will be purchased; however, if the loss experience is unfavourable one or more "supplementary calls" may be made. Clubs also typically try to build up reserves, but this puts them at odds with their mutual status. Because liability regimes vary throughout the world, insurers are usually careful to limit or exclude American Jones Act liability. -------------------------------------------------

Actual total loss and constructive total loss
These two terms are used to differentiate the degree of proof where a vessel or cargo has been lost. An actual total loss occurs where the damages or cost of repair clearly equal or exceed the value of the property. A constructive total loss is a situation where the cost of repairs plus the cost of salvage equal or exceed the value. The use of these terms is contingent on there being property remaining to assess damages, which is not always possible in losses to ships at sea or in total theft situations. In this respect, marine insurance differs from non-marine insurance, where the insured is required to prove...
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