Topic 1 Legal Framework Flashcards
Q1 a) Define Civil Law and state how it is made in the UK legal system. (4)
CIVIL LAW
This is a system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs. This is the body of law primarily concerned with the rights and duties of individuals and companies towards each other.
Civil law is made by judges in the civil courts and includes the law of contract, the law of tort, the law of property, the law of succession, family law and admiralty law. Civil courts have a separate system and procedure to the criminal court system. Its object is not the punishment of the wrongdoer, but to give remedy to the victim or injured party. The “losing” party could be ordered to pay damages or perform a contract.
Q1 b) Define Criminal Law and state how it is made in the UK legal system. (4)
CRIMINAL LAW
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one’s self. Criminal law is that body of law which characterises certain kinds of wrongdoings as offences against the State, and which are punishable by the State by the imposition of a fine or imprisonment or both. These offences do not necessarily violate the rights of any individual.
Criminal law is mostly laid down in parliamentary statutes (i.e. primary legislation) such as the Merchant Shipping Act, and secondary legislation such as Merchant Shipping Regulations. In the UK, criminal law is enforced by the police and dealt with by the criminal courts.
Certain breaches of the Merchant Shipping Act can result in substantial fines.
Q1 c) Draw up a table showing 3 differences between criminal law and civil law liability
within the UK legal system (12)
Q3 What is “negligence”?
Negligence
“The omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do”
OR
“A failure to take reasonable care to avoid reasonably foreseeable risks of injury or damage to persons or property”.
To establish a claim for negligence there must be a legal duty of care; a breach of this duty; and the damage suffered in consequence of the breach. For example, in collision cases, a breach of the COLREGS is likely to constitute good evidence of negligence.
Q4 What is “vicarious liability”?
Vicarious Liability
This refers to a situation where someone is held responsible for the actions or omissions of another person. The aim of this doctrine is to ensure that employers pay the costs of damage caused by their business operations.
Q5 What is “tort” ?
Tort
A wrongful act or omission by a person, for which damage may be sued for in a civil court by the person wronged. To succeed in an action for tort, it must usually be shown that the wrong was done intentionally or negligently. The person chiefly liable is the one who committed the tort, but under the doctrine of vicarious labilly a pers be liable for a tort committed by another person.
Q6 What is the difference between a Statute and a Statutory Instrument? P20
Statuoty instument olb regulations
Statute
Primary legislation
Acts
Merchant shipping Act
M notices
Statutory Instruments
OLB regulations
Q7
In the context of the regulation of United Kingdom shipping and:
a) In terms of their respective roles and responsibilities, distinguish between the Maritime Coastguard Agency and the Marine Accident Investigation Branch. (12)
MARITIME AND COASTGUARD AGENCY (MCA)
The Maritime and Coastguard Agency is an Executive Agency of the DfT and is responsible for:
• Developing, promoting and enforcing high standards of marine safety;
• Minimising loss of life amongst seafarers and coastal users;
• Responding to maritime emergencies 24 hours a day;
• Minimising the risk of pollution of the marine environment from ships and where pollution occurs minimising the impact on UK interests.
The MCA also:
• Sets, monitors and enforces standards of safety and pollution prevention on all
UK merchant vessels.
• Enforces international standards on foreign ships visiting UK ports.
• Implements the National Contingency Plan for Marine Pollution from Shipping and Offshore Installations.
• Is responsible for various functions in connection with crew matters and documentation, death inquiries, etc.
• Issues directives and advice on safety and other matters to masters and crews of ships, ship owners, fishermen and shipbuilders by means of M Notices.
• Has a wide range of duties with respect to safety of life at sea and marine pollution.
• Maintains a central HQ at Southampton, England.
• Maintains Marine Offices (MOs) in and around the UK.
• Employs nautical, ship and engineer surveyors.
• Charges fees for its services.
• Operates the Register for Shipping and Seamen (RSS).
MARINE ACCIDENT INVESTIGATION BRANCH - MAIB
It is an independent unit within the Department for Transport.
The MAIB investigates marine accidents involving UK vessels worldwide and all vessels in UK territorial waters.
Responsibilities:
• Carrying out investigations to determine the causes of accidents at sea
• Publishing reports that include recommendations on improving safety at sea and the actions taken by the MAIB
• Increasing awareness of how marine accidents happen
• Improving national and international co-operation in marine accident investigations
Q7 b) Explain the purpose of each of the three MCA publications referred to as MGNs, MSNs and MINs. (8)
Merchant Shipping Notices (MSNs)
They are used only to convey mandatory information that must be complied with under UK legislation. They relate to Statutory Instruments and often contain part of the technical detail associated with Sl’s and/or Codes.
Marine Guidance Notes (MGNs)
They provide advice and guidance to relevant parties in order to improve the satety of shipping and of life at sea, and to prevent or minimise pollution from shipping. MGNs are not legally binding but give guidance / strong recommendations regarding best industry practice.
Marine Information Notes (MINs)
Provide information for a more limited readership, such as training establishments or equipment manufacturers, or which will only be of use for a short period of time, e.g. timetables for MCA examinations.
All relevant MSNs and MGNs are required to be carried on board
Q8
Yachts registered in the United Kingdom may be required to keep an Official Log Book.
Explain:
a) Which yachts are subject to this requirement; (5) and
b) The basic rules governing the recording, amending, signing and witnessing of entries in this record. (15)
THE OFFICIAL LOG BOOK (OLB)
All UK registered commercial vessels and all other UK vessels >25GT must keep an Official Log Book. Commercially operated yachts of >25GT must therefore keep an OLB (charter yachts are regarded as commercially operated vessels). Vessels of less than 25GT and pleasure yachts are exempted from the requirement to keep an OLB.
Q9 a) State which yachts are reguired to keep an OLB under UK Merchant Shipping regulations. (2)
All UK registered commercial vessels and all other UK vessels >25GT must keep an Official Log Book. Commercially operated yachts of >25GT must therefore keep an OLB (charter yachts are regarded as commercially operated vessels).
Vessels of less than 25GT and pleasure yachts are exempted from the requirement to keep an OLB.
Q9 b) Explain the purpose of keeping the OLB. (2)
Required by law
All UK registered commercial vessels and all other UK vessels over 25GT
Q9 c) Explain how the Master can check which entries should be made and who should make them. (2)
Advice for masters regarding the OLB is contained in A Master’s Guide to the UK Flag - Large Yacht Edition v4:
Q9 d) Explain the method that must be used if an entry is found to be incorrect. (2)
Amendments, if required, must be by way of a new entry referring to the entry to be amended.
Q9 e) State when the OLB should be opened (started) and closed (terminated). (2)
• The logbook should be closed 6 months after the first entry is made.
• Should an OLB become full, another OLB should be started.
• An entry should be made in the narrative section of the second or subsequent book which reflects that this is a continuation book.
