Maritime Commerce Law

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1. What rules govern the relationship of the CC and the passenger/shipper in maritime commerce?
2. What is a charter party?
3. In a charter party who is liable in case of damage in the cargoes?
4. Who controls a voyage/trip charter? (affreightment)
5. Does the Civil Code rules on Common carrier apply if the common carrier charters its vessel to a special person only?
6. Will the carrier be liable to the charterer/shipper if the carrier does not own the vessel?
7. What is a Jason Clause?
8. What are averages?
9. What is general average loss?
10. How can the existence of cargoes be proven to entitle its cargo owner with general average compensation?
11. What is a simple/particular average?
12. Who are the parties to a bareboat charter?
13. In a bareboat charter, who is liable for wages and damages?
14. What is collision and who is liable?
15. What if no one is at fault in a collision due to force majeure?
16. If there is a collision due to force majeure, who is liable for the cargoes?
17. What principle governs the liability of shipowners in case of collision?
18. What is LLR?
19. What is the rationale for the LLR?
20. When is LLR not applicable?
21. What is a ship agent?
22. What is the liability of a ship agent for negligence of the captain?
23. If goods were damaged, who will be liable: carrier or lighter?
24. What is a maritime protest?
25. BAR 2007: Who can successfully maintain a maritime protest to recover losses after the lapse of the 24-hour period?
26. What law governs the international carriage of goods by sea to and from Ph ports, setting standards for the rights, liabilities, duties, and immunities of carriers and shippers under a bill of lading?
27. What are the legal consequences if COGSA is applied in case of loss or damage to goods?
28. What law applies in case cargoes are shipped from a foreign country to the Philippines?
29. BAR 2004: What is “loss” under COGSA?
30. BAR 1975: When should notice of loss be given under COGSA?
31. What rule governs the liability of the common carrier under COGSA?
32. What does this “package” mean?
33. What if the bill of lading did not stipulate the carrier’s liability? Also, the shipper did not declare a higher valuation of his goods. What is the liability of the carrier for the loss or damage of the goods?