Juridical Dictionary

This dictionary contains:
8526
juridical terms

Limitation of shipowners' liability




Limitation of shipowners' liability

The ancient right of shipowners, later extended to charterers, managers, salvors and insurers of ships, to limit their liability for certain maritime claims, either to a sum representing the value of the vessel and pending freight after the casualty, or to a sum determined by the tonnage of the vessel, depending upon the jurisdiction concerned and the applicable or national law.

RELATED TERMS
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Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

Salvors
Maritime law. When a ship and cargo, or any part thereof, are saved at sea by the exertions of any person from impending perils, or are recovered after an actual abandonment or loss, such persons are denominated salvors; they are entitled to a compensation for their services, which is called salvage.

Liability
A person or organization's extent of responsibility for a loss. An item of value that is part of the overall debt or obligation of a person or business.

Maritime
That which belongs to or is connected with the sea.

Value
Common law. This term has two different meanings. It sometimes expresses the utility of an object, and some times the power of purchasing other good with it. The first may be called value in use, the latter value in exchange.

Freight
Maritim law, contracts. The sum agreed on for the hire of a ship, entirely or in part, for the carriage of goods from one port to another; note; but in, its more extensive sense it is applied to all rewards or compensation paid for the use of ships.

Tonnage
Maritime law. The capacity of a ship or vessel.

Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.

National
National or public domain. All the property which belongs to the state is comprehended under the name of national or public domain.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.



SIMILAR TERMS
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Lighterman
The owner or manager of a lighter. A lighterman is considered as a common Carrier.

Lighters
Commerce. Small vessels employed in loading and unloading larger vessels.

Lights
Those openings in a wall which are made rather for the admission of light, than to look out of.

Limbs
Those members of a man which may be useful to him in flight, and the unlawful deprivation of which by another amounts to a mayhem at common law.

Limitation
Estates. When an estate is so expressly confined and limited by the words of its creation, that it cannot endure for a longer time than till the contingency shall happen, upon which the estate is to fail, this is denom-inated a limitation; as, when land is granted to a man while he continues unmarried, or until the rents and profits shall have made a certain sum, and the like; in these cases the estate is limited, that is, it does not go beyond the happening of the contingency.

Limitation of shipowners' liability

Limited company
All companies have limited liability except for those incorporated as unlimited companies. The latter are rarely encountered and tend only to be used to serve specific tax or accounting arrangements.

Limited jurisdiction
Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.

Limited liability
Shareholders in a limited company are only liable to third parties to the limit of their shareholding. Other participants would not normally have any personal liability except with respect to creditors where there has been wrongful or fraudulent trading or when personal guarantees or other such undertakings have been given by directors or others.

Limited partner
A unique colleague in a partnership relationship who has agreed to be liable only to the extent of his (or her) investment. Limited partners, though, have no right to manage the partnership. Limited partners are usually just investors or promoters who seek the tax benefits of a partnership

Limitrophe
Adjacent, bordering or contiguous.

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This dictionary contains 8526 terms.







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