Marlaw Midterms Module 5
Marlaw Midterms Module 5
Marlaw Midterms Module 5
Tuguegarao City
OVERVIEW :
Sometimes the charter wants to hire a vessel from the shipowner without the
latter supplying the necessary equipment and crew. This kind of chartering is different
from the time and voyage charters because the charterer leases the ship and becomes
a temporary owner of the ship.
When a vessel is entering or leaving the port, the master has to follow some
rules governing protection of the ship and the port’s installation. Some of the
installations are located offshore and a vessel is at risk of accident when moving inside
the port’s navigable waters.
To supplement the completion of the contract of carriage of goods and contract
for the use of ships there are three kinds of services: towage, salvage and stevedoring.
Although these services are ancillary or supplemental in nature, the contracts for these
services are important to the ship and cargo. In some unfortunate circumstances,
salvage operations become inevitable and the master of the ship has to make contracts
for salvage.
On the other hand, in developing countries most ships stay longer in the port
because stevedoring services are not efficient. The contracts for these ancillary services
attempt to specify and identify the obligations and responsibilities of all parties involved
in the undertaking in order to avoid unnecessary problems.
LEARNING OBJECTIVES
1. To distinguish the following contracts: pilotage, stowage and stevedoring
2. To discuss the relationships between the pilot and the master
3. To distinguish salvage from towage
DESIRED ACTIVITIES. After reading Chapters 10-12, be able to do the following:
A. Answer the question below.
1. “MV Don Mario” is under bareboat charter by STK Limited, Inc. It is manned by
multi-nationals. The master is a Dutch national and most of the crews are
Filipinos and Indians. While cruising the Oresund Bay, South of Sweden and
North of Denmark, two of its crew, one Filipino and one Indian fought each other.
The Filipino seriously hit the Indian which made him lose his eyesight. Is the
charterer liable for the act committed by the crew? Explain your answer.
ANSWER: The charterer is not liable for the commited act because first of
all the word charterer is a person or organization that charters an aircraft,
boat, which means a person who reserves a boat or other mode of
transportation for the personal use of others. Both of them are liable
because they can fix what they had done in there argument or fight.
2. Before the pilot boards the ship, what important information should be supplied by
the pilot to the master of ship and vice versa?
ANSWER: Once the marine pilot is on board the ship, the first thing he
seeks from the ‘bridge team’ is the Pilot Card. This is his first window to the
nature of the ship he is entrusted to guide and navigate.
The Pilot Card reveals the vessels LOA (Length Over All), its beam, its dead
weight, its tonnage, its draft forward and aft, the engine’s RPM & speed
(both ballast & loaded) during its different phases of ahead and astern (e.g.-
dead slow ahead) the nature of the propeller (i.e. whether CPP, VPP, normal
right handed, Schottel, Voith Schneider, etc), her bow & stern thruster’s
power, if available and other technical details.
Clearly, the master and pilot have their own strongpoint and it is the best
possible option to utilize both of their expertise for the safe passage of the
ship. Thus a synergy between the pilot and the master is necessary to
avoid any hazard. The relationship, naturally, will have to be of mutual
respect and mutual trust. The master is however at liberty to interfere at any
point of time if he sees his vessel is in danger. But it is expected that he
informs the pilot about the impending danger and then takes appropriate
corrective measure or even take over the control of his vessel.
3. The question below deals with the legal implication of the contract for
stevedoring.
1. If a contract for stevedoring is entered into between a private cargo handler
and the shipowner charter, who would be liable for injuries made by the
stevedore who committed the injury is off from work.
Prepared by: