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MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 140
Q. 1391) What are the perils of insurance ?
XQ. 1392) What is clause paramount ? why is it mentioned in the charter party when the same is there also in B / L ?
X
Clause Paramounts inserted in all C/P and has the effect of Incorporating Hague or Hague Visby or Hamburg Rules to the contract of Carriage.
Clause Paramounts requires that all B/L issued to incorporate such Rules/Act so that the Consignee (who may be in some other country) always knows the rules under which carriage is done. The same is also inserted in C/P so that the Shipowner and Charterer agree to the condition of Carriage prior signing the C/P.
Q. 1393) What are the difference between the lof 2000 and lof 95 ?
X
1. LOF 2000 is a 1 pg document printed on both the side , more user friendly and easily under stood with 9 column which are provided, which makes the agreement between master and salver more fast and easier.
2. owner has a right for ternination of the salvage contract .
3.place of redilivery is to be written when making contract .
4.asap the ship is safe salver can redelivery the ship this is also mkentioned in lof 2000
Q. 1394) Can you discharge e / are bilges in special area ? if yes then how is it deifferent from discharge in non special area ?
XYes . In Special area there is requirement of alarm as well as automatic stopping device. In non special area it is only alarm and manual stop is there.
Q. 1395) What are running down clause ? what is 3 / 4th clause ?
XQ. 1396) What is general average ?
XA general average situation occurs when there is an extra ordinary sacrifice or expenditure resulting from an intentional act which is reasonably made for the common safety of ship, cargo and freight. in situation of peril, for the safety of maritime adventure,
As per york Antwerp Rules 1994 "There is a general average act when and only when, any extraordinary sacrifice or expenditure is intentionally or resonably made or incurred for the common safety for the purpose of preventing from peril the property involves in a common maritime adventure"
Q. 1397) What is proximity clause ?
X
Where there is a chain of events leading to a loss, the proximate cause is the most dominant and effective cause, not the nearest cause in time. An insurer is liable for any loss proximately caused by a peril insured against, but, he is not liable for any loss not proximately caused by a peril insured against.
Q. 1398) What is general obligation ? general exceptions of the carrier ?
X3 common law obligations (as to seaworthiness, deviation, reasonable despatch) are basic obligations of all carriers.
6 common law exceptions (act of God, Queen’s enemies, inherent vice, defective packing, fraud, jettison/general average) protect the carrier from liability, unless he is negligent, if his vessel was unseaworthy at the start of the voyage, or if there was a serious deviation from the contract (e.g. cargo taken to a non-agreed port, etc.).
Q. 1399) You have received damaged cargo. the charterers are giving loi. will you sign the B / L ?
XNo . will inform the owner and if required P&I Club. Until a written confirmation from owners do not come will not sign B/L.
No , i am not going to sign as LOI does not have any legal stand and if u r dragged to court it cannot save me ... i will inform the company in black and white ... and let hem make the call .
Q. 1400) What are the expressed and implied warranties ?
XEXPRESSED WARRANTY
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(1) An express warranty may be in any form of words from which the intention to warrant is to be inferred.
(2) An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy.
(3) An express warranty does not exclude implied warranty, unless it be inconsistent therewith.
Example of Exp Warranty:
A] NAVIGATION / TRADING WARRANTY
B] TOWING WARRANTIES
C] SALVAGE WARRANTIES etc
In short anything which is written is expressed
IMPLIED WARRANTY
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Warranty not included in or endorsed on the policy.
Example of Exp Warranty:
A] SEAWORTHINESS
B] LEGALITY
C] NEUTRALITY
In short anything which is understood is implied
