Vessels GenerallyLiability, Generally
Section § 420
This law states that marine carriers, like ships transporting goods, are generally responsible for any loss or damage to goods in the same way as inland carriers, like trucks or trains. However, they're not responsible for losses caused by sea-related dangers or fires.
Section § 421
This law states that the responsibilities and obligations of sea transport companies, known as common carriers, are controlled by federal laws set by Congress. That means if you are dealing with a shipping company, their duties are established by national laws.
Section § 422
This law section defines "perils of the sea" as various dangers one might encounter while at sea. These include natural threats like storms, waves, and climate changes, physical obstacles such as rocks and rapids, and man-made obstacles. It also mentions confinement during sea travel and sea-specific animals as risks, along with any other unique sea dangers.
Section § 423
This law states that a marine carrier should not store cargo on the deck during a trip unless this is the normal practice. It also forbids making unjustified changes to the planned route or causing unnecessary delays. Additionally, the carrier must not do anything unnecessary that would make standard freight insurance void.
Section § 424
If something goes wrong with a ship, and the captain has to sell some of the cargo to cover repair and supply costs, the ship's owner must pay the original owner of the cargo the market value of what was sold when the ship arrives at its destination.
Section § 425
This law states that if a water vessel is in serious danger, the ship's crew can throw cargo overboard to protect the vessel and remaining cargo. This act is known as 'jettison.' When this happens, the resulting loss is shared by all parties with a stake in the cargo, referred to as a 'general average loss.'
Section § 426
This law suggests that when items need to be thrown overboard from a ship to lighten it, start by getting rid of the largest and least valuable items first.
Section § 427
Only the captain of a ship can decide to throw cargo overboard (called a jettison) unless the captain is unable to do so, or there's an urgent need. In those cases, someone else on the ship can make the decision.
Section § 428
This law says that if any part of a ship or its cargo is deliberately thrown overboard to save the rest, everyone who benefits from this decision must share the cost. This includes the ship, its equipment, freight costs, and cargo. Additionally, the owner of the item thrown overboard is also responsible for sharing the cost.
Section § 429
This law explains how losses shared among parties in a maritime venture, known as 'general average loss,' are calculated. Each party's share of the loss depends on the value of their interest compared to the total value involved. Additionally, if the loss calculation (adjustment) is valid at the end of the voyage, it is recognized as valid everywhere else.
Section § 430
This law explains how to calculate the value of losses for general average, which is a maritime principle where all parties share losses when cargo is sacrificed to save a ship. It states that the ship's value should be assessed at the journey's end, the payment for shipping goods should be valued at half the amount due when they're delivered, and the cargo should be valued at the time and place it's unloaded. These values should include any compensation received from the loss-sharing process.
Section § 431
If your belongings are stored on a ship's deck and have to be thrown overboard for safety, you can only claim compensation through a shared loss fund if it's common practice to store those items on the deck for that type of trip.
Section § 432
This law states that if a captain or crew makes a deliberate decision to sacrifice property on a ship, or if they incur expenses to protect the ship and its cargo from unexpected dangers, the rules for jettison (throwing goods overboard) and general average (sharing the costs of sacrifices made to save the ship) apply in the same way. Essentially, it confirms that these principles of fairness and cost-sharing extend to any voluntary actions taken to prevent disaster at sea.