Admiralty

Rule 103, 108, correction of live birth, habeas corpus writ of amparo, habeaas data
Guardianship
Zones of collision
Generally speaking, in collisions between vessels there exist three divisions of time, or zones;
The first division covers all the time up to the moment when the risk of collision may be said to have
begun. Within this zone no rule is applicable because none is necessary. Each vessel is free to
direct its course as it deems best without reference to the movements of the other vessel.
The second division covers the time between the moment when the risk of collision begins and the
moment when it has become a practical certainty.
The third division covers the time between the moment when collision has become a practical
certainty and the moment of actual contact.
It was during the time when the sail vessel was passing through the third zone that it changed its
course to port in order to avoid, if possible, the collision. This act may be said to have been done in
extremis, and, even if wrong, the sailing vessel is not responsible for the result.
in the case of a collision between a steam vessel and a sail vessel, the presumption is against the
steam vessel, and she must show that she took the proper measures to avoid a collision.
A steamer must keep out of the way of a sail vessel. In doing so she must allow the said vessel a
wide berth.
A steamer may take her own method of passing a sail vessel. The mere approach of the two vessels
does not bring about risk of collision. The steamer may assume that the sail vessel will do her duty
and do nothing to embarrass her. Hence the steamer may shape her course so as to avoid the sail
vessel. . . .
There is, however, one important qualification which must be borne in mind. It is that a steamer
must not approach so near a sailing vessel, and on such a course as to alarm a man of ordinary skill
and prudence. If the man on the sailing vessel makes an improper manuever, he is not responsible.
It is what is called an "error in extremis."
Simple and Gross Average

Under that law, averages are classified into simple or particular and general or gross. Generally
speaking, simple or particular averages include all expenses and damages caused to the vessel or
cargo which have not inured to the common benefit (Art. 809), and are, therefore, to be borne only
by the owner of the property gave rise to same (Art. 810); while general or gross averages include
"all the damages and expenses which are deliberately caused in order to save the vessel, its cargo,
or both at the same time, from a real and known risk" (Art. 811). Being for the common benefit, gross
averages are to be borne by the owners of the articles saved (Art. 812).
Requisites of general average

First, there must be a common danger.
Second, that for the common safety part of the vessel or of the cargo or both is sacrificed
deliberately.
Third, that from the expenses or damages caused follows the successful saving of the vessel and
cargo.
Fourth, that the expenses or damages should have been incurred or inflicted after taking proper
legal steps and authority.
Charter
(a) the "bareboat" or "demise" charter;
- A bareboat or demise charter is a demise of a vessel, much as a lease of an unfurnished
house is a demise of real property. The shipowner turns over possession of his vessel to the
charterer, who then undertakes to provide a crew and victuals and supplies and fuel for her
during the term of the charter. The shipowner is not normally required by the terms of a demise
charter to provide a crew, and so the charterer gets the "bare boat", i.e., without a
crew. Sometimes, of course, the demise charter might provide that the shipowner is to furnish
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a master and crew to man the vessel under the charterer's direction, such that the master and
crew provided by the shipowner become the agents and servants or employees of the charterer,
and the charterer (and not the owner) through the agency of the master, has possession and
control of the vessel during the charter period.
- charterer is liable for damages incurred during the charter and not the shipowner
(b) the "time" charter; and
- A time charter, upon the other hand, like a demise charter, is a contract for the use of a vessel for a
specified period of time or for the duration of one or more specified voyages. In this case, however,
the owner of a time-chartered vessel (unlike the owner of a vessel under a demise or bare-boat
charter), retains possession and control through the master and crew who remain his employees.
What the time charterer acquires is the right to utilize the carrying capacity and facilities of the vessel
and to designate her destinations during the term of the charter.
(c) the "voyage" or "trip" charter.
A voyage charter, or trip charter, is simply a contract of affreightment, that is, a contract for the
carriage of goods, from one or more ports of loading to one or more ports of unloading, on one or on
a series of voyages. In a voyage charter, master and crew remain in the employ of the owner of the
vessel
Under the demise or bareboat charter of the vessel, the charterer will generally be
considered as owner for the voyage or service stipulated. The charterer mans the
vessel with his own people and becomes, in effect, the owner pro hac vice, subject to
liability to others for damages caused by negligence. To create a demise the owner of a
vessel must completely and exclusively relinquish possession, anything short of such a
complete transfer is a contract of affreightment (time or voyage charter party) or not a
charter party at all.
A contract of affreightment is in which the owner of the vessel leases part or all of its
space to haul goods for others. It is a contract for a special service to be rendered by
the owner of the vessel and under such contract the general owner retains the
possession, command and navigation of the ship, the charterer or freighter merely
having use of the space in the vessel in return for his payment of the charter hire. If
the charter is a contract of affreightment, which leaves the general owner in possession
of the ship as owner for the voyage, the rights, responsibilities of ownership rest on the
owner and the charterer is usually free from liability to third persons in respect of the
ship.
The rule now is that unless the agreement is such as absolutely to close the doors of
the courts against the parties, which agreement would be void, the courts will look with
favor upon such amicable arrangements and will only interfere with great reluctance to
anticipate or nullify the action of the arbitrator.
Does a charter-party between a shipowner and a charterer transform a common carrier into a
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private one as to negate the civil law presumption of negligence in case of loss or damage to its
cargo?

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Rule 103, 108, correction of live birth, habeas corpus writ of amparo, habeaas data

Simple and Gross Average

Requisites of general average

(b) the "time" charter; and

(c) the "voyage" or "trip" charter.

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