LLM MARITIME LAW Coursework 1

Powerful Essays
UNIVERSITY OF HERTFORDSHIRE

SCHOOL OF LAW

COURSEWORK FOR (MARITIME LAW )

AUTHOR - ( FARADILA BINTI ROSLAN; 11605537 )

DATE - (20TH FEBRUARY 2012 )

SEMINAR GROUP - (-)

SEMINAR TUTOR - ( DR. ARDESHIR ATAI )

SCHEME - (LLMF1)

“Where the action is undefended, it used to be the case that any judgment would be limited to the value of the res itself. In the light of the reasoning of the House of Lords in The Indian Grace (No. 2), to the effect that, after service of in rem proceedings, the action proceeds as an action in personam, this is probably no longer the case. The claimant will be entitled to enforce the full amount of any judgement in respect of the in personam liability of the shipowner. Where no such liability has been incurred, however, the judgment will still be limited to the value of the res.”

Simon Baughen, Shipping Law (4th edn, Routledge-Cavendish 2009), p. 383

Critically assess the extent to which an action in rem is the same as an action in personam following The Indian Grace (No.2)?

I certify that this piece of work is my own work, that it has not been copied from elsewhere, that I have not colluded with another in the preparation of this work (unless permitted) and that any extracts from books, papers or other sources have been properly acknowledged as references or quotations. I also certify that I have checked the settings of my work before submission to ensure that I have complied with the template instructions. If this is untrue I acknowledge that I will have committed an assessment offence.

Signed: FARADILA BINTI ROSLAN Date: 19TH FEBRUARY 2012
The similarity between actions in rem and actions in personam has been a point of contention following The Indian Grace No.2. In order to assess to what extent the two actions are the same, statute, precedent and legal development regarding these actions shall be discussed.
History
Before 1873, actions in rem were directed against the ship, only



Bibliography: 2. Christopher Hill, Maritime Law, Sixth Edition, Llyod’s Practical Shipping Guide, 2003 United Kingdom. 3. Simon Baughen, Shipping Law, Third Edition, Cavendish Publishing, 2004 United Kingdom. Articles 4. Paul Myburgh, Arresting the right ship, procedural theory, the in personam ink and conflict of laws, Kluwer Law International, The Hague, 2005) 283-320.

You May Also Find These Documents Helpful

  • Powerful Essays

    Maritime Law

    • 25557 Words
    • 103 Pages

    Maritime law Module 1 – Introduction to maritime law 1 1. What is the field of law described as ‘maritime law’? The subject of maritime law attempts to give you a clear understanding of the legal principles applicable to commercial shipping operations. These are the legal principles that determine the obligations and regulate the relationships of the parties in the maritime transport chain…

    • 25557 Words
    • 103 Pages
    Powerful Essays
  • Good Essays

    Maritime Law

    • 886 Words
    • 4 Pages

    Maritime Law The value of many shipments depends upon fluctuations in the currency rates, freight, handling charges, and other expenses. By means of insurance protection will be provided to goods from any uncontrollable variables. A contract of Marine Insurance is defined by section 7 of the Marine Insurance Act of 1909 as: "A contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to…

    • 886 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Maritime Law in Maldives

    • 1133 Words
    • 5 Pages

    Table of Contents Enforcement of Maritime Law in the Maldives- Laws, regulations and aspects of enforcement 3 Introduction 3 Historical development of Maritime Laws in Maldives 3 Agencies involved in Maritime Activities in Maldives 4 1- Maldives Customs Service: 4 2- Maldives National Defense Force (MNDF): 5 3- Department of Immigration & Emigration: 5 4- Maldives Police Service: 5 5- Ministry of Fisheries and Agriculture: 5 6- Ministry of Transport and Communication:…

    • 1133 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    Assignments Maritime LAw

    • 2403 Words
    • 10 Pages

    responsibility for the goods begin, and what was the condition of the goods at the time. In establishing the condition and the quantity of the goods at the start of the defendant’s period of responsibility, the claimant will be able to rely on the common law and statutory rules that governs the effect of the statements in shipping documents, such as bill of lading. As to this case there are no information about the about the period when the wine were transported, date when the contract has taken place and…

    • 2403 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Maritime Law Final Exam

    • 1064 Words
    • 5 Pages

    CARIBBEAN MARITIME INSTITUTE MARITIME LAW & INTERNATIONAL CONVENTIONS MIC 602 FINAL EXAMINATION AUGUST 10, 2013 TIME OF EXAMINATION: 3 HOURS Answer all questions from Section A and two questions from Section B. RULES: 1. This paper is worth 50% of your final grade. 2. Books, texts and materials are not permitted into the examination room for any examination whatsoever. 3. No electronic devices with recorded notes permitted in examination room. 4. No cell phones are to be used…

    • 1064 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Charity Law Coursework

    • 3199 Words
    • 13 Pages

    It is well established that the advancement of religion is a charitable purpose. Although the laws relating to charities mostly developed from Judaeo-Christian context[1] more faiths and sects have now been accepted to fall under this category. To understand how these changes developed it is necessary to investigate how the courts previously determined charitable status for an organisation under the head of advancement of religion. There is no statutory definition of charity however before any…

    • 3199 Words
    • 13 Pages
    Good Essays
  • Satisfactory Essays

    Maritime

    • 670 Words
    • 3 Pages

    Maximizing the potentials of the Maritime Industry posted by Admin on Fri, 04/13/2012 - 05:25 Author: Tinig ng Marino Month/Year: March 2012 Exerpt from Hon. Emmeline Y. Aglipay’s Column Worker’s Vanguard in Tinig ng Marino The Philippines has long focused on improving its main sectors agriculture, trade, and services. While a considerable amount of attention is given to these, other budding yet potentially strong industries are overlooked and neglected. We should reassess which industries…

    • 670 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Law Coursework Dividends

    • 709 Words
    • 3 Pages

    profits or any other distributable reserve. [ACCA Paper F4, Page 248] Dividends become a debt only when declared and due for payment, however they are a source of taxable income to shareholders. A dividend can only be paid out of profits distributable by law. This means that dividends cannot paid by certain profits. A company’s undistributable reserves are its Share Premium Account, Capital Redemption reserve, any other reserve and also the amount by which its accumulated unrealised profits exceed its…

    • 709 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    European Union Law - Module Code: LL5188 Summative assessment - Coursework As indicated in your handbook, you will need to complete, as part of the summative assessments designed for this module, an INDIVIDUAL piece of coursework that will count for 40% of the marks available for the summative assessment component of the Module (the other 60% will come from the written examination in April/May 2014). This coursework should be submitted no later than 9 am. Monday 3rd February 2014. Submission…

    • 1249 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Cmt3331 Coursework 1

    • 1033 Words
    • 5 Pages

    For this coursework we had to design a book cover on a theme of our choice that comprises of our own original digital photography. The theme I have decided to base my book cover on is “Poverty”. I wanted to make a book cover with a visual integrity, which means that I wanted the reader to get the theme of the book by just looking at the cover. I wanted a simple but elegant piece of work. In order to make a great book cover I had to first of all has a great photography based on my theme. Luckily…

    • 1033 Words
    • 5 Pages
    Good Essays