Teaching Responsibility

LJMU Schools involved in Delivery:

Engineering

Learning Methods

Lecture

Tutorial

Module Offerings

7164MAR-SEP-CTY

7164MAR-SEP_NS-CTY

Aims

The module introduces students to the fundamental legal principles necessary for the further subsequent study of maritime law topics and develops a working understanding of the law, principles and practice within the marine insurance profession.

Learning Outcomes

1.
Demonstrate a critical understanding of the common law principles governing commercial obligation and dispute resolution
2.
Appraise pertinent contemporary issues within salvage, collision, ship arrest and maritime liens.
3.
Critically appraise the marine insurance business and the principles of risk-transfer
4.
Analyse the provisions of the Marine Insurance Act 1906 and Insurance Act 2015

Module Content

Outline Syllabus:
  • The legal implementation of International Conventions

(UNCLOS,MARPOL,SOLAS, International SalvageConvention 1989, International Convention on the International Regulations for preventing Collisions at Sea, 1972).
  • EU and UK legislative instruments

(Regulations, Directives, UK Acts and SI’s, Merchant Shipping Act 1995, Senior Courts Act 1981).
  • Jurisdiction, Role of IMO, MCA, MAIB, SOSREP, EMSA.
  • The maritime claim, Liens

(Maritime, Statutory, Possessory).
  • Bringing a case with review of; the Senior Courts Act 1981 and Maritime Conventions:

The Admiralty Court, and the Admiralty Marshal; Arrest: Conventions 1952 and 1999.
  • Principles of salvage and liabilities arising.
  • Contractual provisions and Standard Forms.
  • Towage and Wreck.
  • Civil and Criminal Liability, Civil remedies using Collision as an example
  • Liability - Vicarious and Limitations of (outline)

 
  • General principles of insurance:

Insured Perils; Losses Valued and unvalued policies;

The "Institute Clauses ":Hull clauses;

Cargo clauses; Freight & Demurrage Lloyds,

P&I Clubs, underwriters and actuaries
  • The Marine Insurance Act 1906:

Insurance Act 2015 Insurable interest;

Indemnity and subrogation;

Misrepresentation, utmost good faith, fair presentation and the duty of disclosure;

Marine insurance warranties;

Cargo claims, third-party claims, war risks, and pollution liability;

General Average and Re-insurance (outline).
Module Overview:
This module introduces students to core principles of law with ‘wet’ maritime law, serving as an example of how civil and criminal liabilities can arise from the marine business. Having considered these liabilities, examination is made of established principles of the Marine Insurance. Analysis of the Marine Insurance Act 1906 and the implications of the Insurance Act 2015 reforms are made using case law developments. The options for alternative policy terms available via the Institute Clauses are also reviewed.
Additional Information:
his module incorporates content that relates to the following UN Sustainable Development Goals
  •  SDG4 – This module promotes student self-study and encourages lifelong learning opportunities.
  • SDG14 – this module considers the sustainability and conservation of the marine environment by the professional application of environmental protection, salvage services and wreck removal and the financial remedies available.
  • SDG16 - – this module considers the legal liabilities and remedies resulting from serious shipping or offshore casualties and the judicial and governmental responses.

Assessments

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