Analysis of Pilotage and Pilots Limitation of Liability

Analysis of Pilotage and Pilots Limitation of Liability Provisional title of the thesis: A comparative analysis of pilotage and pilots limitation of liability in Australia. Area of investigation and/or the questions to be investigated Consider the following scenario. A vessel under the control of a compulsory pilot is maneuvering within a port limit. Master of the vessel follows the on-shore directions by the pilot and due to negligence of the pilot the vessel crashes into a wharf. Some basic questions that could arise from the above scenario are: Who is responsible for any damages? If the master, following an on-shore direction, enters a compulsory pilotage area without a pilot on board, is he guilty of an offence for proceeding without a pilot? Is the pilot liable for acting outside of pilotage? When does pilotage actually commence? Should the statutory rules regarding limitation of liability for pilots be changed to hold negligent compulsory pilots individually responsible for actions outside of pilotage? If a master follows a radioed direction provided by an on-shore pilot, should he be liable for proceeding without a pilot in a compulsory pilotage area?What is the liability for negligence of compulsory unlice nsed pilots?[1] Finally, what is the appropriate description of a master-pilot relationship? This research will investigate these questions. Theoretical significance of the project A pilot is someone who is very familiar with the port; endowed with a requisite professionalism and necessary local knowledge to maneuver a vessel in a port safely.[2] In addition, he is responsible for the protection of the environment and the promotion of the efficiency in the harbor.[3] In Australia, under section 6 of the Navigation Act 1912, pilot means a person who does not belong to, but has the conduct of, a ship. In terms of limitation of liability, section 410B(1) of the Navigation Act stipulates that a pilot who has the conduct of a ship is subject to the authority of the master of the ship and the master is not relieved from responsibility for the conduct and navigation of the ship by reason only of the ship being under pilotage. Although there are consistencies in the meaning of pilotage among jurisdictions in Australia, the pilotage legislations are slightly different in some states. For example, while the New South Wales Marine Safety Act 1998[4] considers the pilotag e as conduct of a vessel, the Port Authorities Act 1999 (WA)[5] describes pilotage as being in command of a vessel. The first issue is the definition of conduct of a ship. In Braverus Maritime Inc v Port Kembla Coal Terminal Ltd[6]the Federal Court of Australia concluded that the statute considered the pilot as the servant of a ship owner and simply listed the definition of pilot as it stands in the Navigation Act. In Fowles v Eastern Australian Steamship Co[7] Chief Justice Barton ,with reference to the Queensland Navigation Act (1876), explained thatthe master shall deliver and give in charge the vessel to the duly qualified pilot who shall first board or go alongside of such vessel in order to conduct the same into port, and such pilot shall if required by such master produce his authority to act as such pilot, and no master of any such vessel shall proceed to sea from any of the said ports or quit his station or anchorage in any port, without receiving on board the harbor master or some pilot appointed as aforesaid to move or conduct the said vessel to sea. Further, the comment of Christopher Hill stating what a pilot is not, purely and simply, is an adviser[8] is inconsistent with the practical concept[9] and the statutory definition of a pilot. The second issue is pilots limitation of liability. Under Navigation Act 1912 (Cth) section 410B (2) the exclusion of pilot from liability is absolute. Porter LJ in Tower Field v Workington Harbour and Dock Board[10]clarified that under Section 410B of Navigation Act  a ship owner who through a compulsory pilot is responsible for faulty navigation is responsible for damage to his own ship as well as for injury to the property of another. As far as the limitation of liability is concerned, the state legislations in Australia are comparatively aligned with the Navigation Act. In New South Wales, all pilots and pilotage service providers are excluded from liability for negligence.[11] Though, the pilot who willfully endangers the vessel or her crew is guilty of an offence.[12] In South Australia a pilot is excluded from liability for negligence.[13]In Victoria, under the Marine Act 1988 (Vic) a pilots liability is limited to $200 plus the amount of pilotage.[14]In Queensland, Pilots a re excluded absolutely from liability for negligence or damage.[15] Finally, in Western Australia, the pilots liability is limited to $200.[16] Moreover, a pilot is excluded from liability for negligence causing damage to the vessel.[17]In Oceanic Crest Shipping[18], where a vessel under the control of a negligent compulsory pilot damaged to a wharf in Western Australia, the pilot and harbor authority were completely excluded from liability for negligence. As can be seen, the traditional approach to pilotage has introduced difficulties and the concerned parties including, harbor authorities, ship owners and pilot service providers are faced difficulties to answers the questions mentioned in the section i. This research will help to solve the problems in dealing with pilotage by focusing on three main areas. First, the Australias pilotage regime should be re-assessed to provide clarified definitions. Second, the inconsistencies between the states should be eliminated through a uniform pilotage regime which is agreed by the states. Third, the pilotage regime should also determine a fair limitation of liability of pilots. Indeed, since the application of above mentioned changes will result in changing the settlements of claims and the expenses incurred by the relevant parties, this research will focus on how these changes would be addressed in future pilotage regime. Therefore, this research is aiming to reduce the inconsistencies either in the liability of pilots or in the limitation of liabilities in Australias pilotage regime. Proposed research methods I would provide a theoretical understanding of the research, that the legal regulations concerning pilotage and the limitation of liability in the light of the analysis of different states legislations in Australia and various legal acts in different countries. Therefore, the method which will widely be used is comparative method. The Function of pilots, their liabilities and the limitation of their liabilities will be studied and compared in the following acts, legislations and case law. Australia: Under Commonwealth Legislation: Navigation Act 1912 (Cth). The state legislations in New South Wales, South Australia, Tasmania, Victoria, Queensland and Western Australia. The United Kingdom: Pilotage Act 1987 (UK) and Merchant Shipping Act 1995 (UK). Canada: The Pilotage Act, RSC 1985, c P-14. The United States: The national system of pilotage regulation both by the states and by the federal government. The reason these countries were selected is because their legal systems are mainly based on English common law. The analytical method will be implored to analyze legal concepts and rules concerning pilotage and limitation of liability in different legal systems. This is important because through this method, appropriate conclusions would be drawn, and possible suggestions would be proposed in the bid to improving Australian Legislation of Limitation Liability of Pilots and Pilotage. Proposed thesis structure including where possible, provisional chapter sketches Preliminary table of contents: Introduction Fundamental concepts of pilotage and pilots limitation of liability. National approaches to the pilotage and limitation of liability. 1. Australia 2. The United Kingdom 3. Canada 4. USA. Analysis of findings focusing on pilotage and limitation of liability in Australia. Conclusion including suggestions and mechanisms of addressing problematic issues. Timescale for the research: Year Research activities 1 To draft a research plan. Collation of data, reading of relevant materials and writing of the Introductory chapter. 2 Reading and evaluation of limitation of liability legislations in the United Kingdom and Australia. 3 A reading and evaluation of the limitation of liability legislations in Canada and USA. Publication of the main some aspects of the dissertation in the books, monography (this may not be necessary for now). 4 Analysis of findings, arrangement of thesis and final submission. Bibliography Table of Cases Braverus Maritime Inc v Port Kembla Coal Terminal Ltd [2005] FCAFC 256 Federal Court of Australia, 12 December 2005. Fowles v Eastern Australian Steamship Company Limited [1913] 17 CLR 149. Oceanic Crest Shipping Company v Pilbara Harbour Services Pty Ltd [1986] 160 CLR 626. Tower Field (Owners) v Workington Harbour and Dock Board [1950] 84 Ll. L. Rep. 233, 255. Textbooks Christopher Hill, Maritime Law (Lloyds of London, 3rd ed, 1989) 376. Table of Legislation Harbors and Navigation Act 1993 (SA). Marine Act 1988 (Vic) . Marine Safety Act 1998 (NSW). Pilots Limitation of Liability Act 1962 (WA). Port Authorities Act 1999 (WA). Port Authorities Act 1999 (WA). Transport Operations (Marine Safety) Act 1994 (Qld). Online Sources Shilavadra Bhattacharjee, What Are The Duties Of Officer On Watch When Pilot Is On Board Ship? (Marine Insight, 2016) accessed 6 December 2016. Henrik Nicander and Isak Isak, What Skills Do Port Pilots Need? (2014) accessed 6 December 2016. [1] Braverus Maritime Inc v Port Kembla Coal Terminal Ltd [2005] FCAFC 256 (12 December 2005) [2] Shilavadra Bhattacharjee, What Are The Duties Of Officer On Watch When Pilot Is On Board Ship? (Marine Insight, 2016) accessed 6 December 2016. [3] Henrik Nicander and Isak Isak, What Skills Do Port Pilots Need? (2014) accessed 6 December 2016. [4] Marine Safety Act 1998 (NSW) s 71(1). [5] Port Authorities Act 1999 (WA) s 3(1). [6] Opt.cit.n.1. [7] Fowles v Eastern Australian Steamship Company Limited [1913] 17 CLR 149. [8] Christopher Hill, Maritime Law (Lloyds of London, 3rd ed, 1989) 376. [9] Ibid. [10] Tower Field (Owners) v Workington Harbour and Dock Board [1950] 84 Ll. L. Rep. 233, 255 (Porter LJ). [11] Marine Safety Act 1998 (NSW) s 80(1): Neither the State, nor the Minister, nor a pilotage service provider is liable for any loss or damage that is attributable to the negligence of any person made available as a marine pilot by the pilotage service provider while the person is acting as a marine pilot. [12] Marine Safety Act 1998 (NSW) s 81: A marine pilot of a vessel who, by any wilful act or omission, endangers the vessel or its crew is guilty of an offence. [13] Harbors and Navigation Act 1993 (SA) s 36(3): The liability of the owner or master of a ship for damage resulting from a fault in the navigation of the ship is unaffected by the fact that the vessel is under pilotage or that the pilotage is compulsory. [14] Marine Act 1988 (Vic) s 104: A pilot is not liable in negligence in respect of the voyage on which the pilot is engaged for more than $200 plus the amount of pilotage in respect of voyage. [15] Transport Operations (Marine Safety) Act 1994 (Qld) s 101(1): A conducting pilot is not civilly liable for damage or loss caused by an act or omission of the conducting pilot. [16] Pilots Limitation of Liability Act 1962 (WA) s 3: Notwithstanding the provisions of any other Act or law, but subject to the Navigation Act 1912 of the Parliament of the Commonwealth, a pilot is not liable for neglect or want of skill in piloting a ship beyond the amount of $200 together with the amount payable to him on account of pilotage in respect of the voyage in which he was engaged when he became so liable. [17] Port Authorities Act 1999 (WA) s 99: The owner or master of a vessel moving under compulsory pilotage in a port is liable for any loss or damage caused by the vessel, or by a fault in the conduct or navigation of the vessel, in the same manner as the owner or master would be liable if pilotage were not compulsory. [18] Oceanic Crest Shipping Company v Pilbara Harbour Services Pty Ltd [1986] 160 CLR 626.

Obesity as a Social and Medical Problem Essay

Obesity has become an epidemic in our over indulgent North American society. In addition to body image issues, obesity causes significant health issues. Society often views the word obesity to be a disease when it is actually a sign of a disorder; genetic or environmental. The percentage of our population that is growing overweight is increasing every year, and can become a very serious issue if it is not dealt with more urgently. Problems relating to self-confidence, self-consciousness, and isolation can occur as a result. An enduring problem in today’s society, especially with children, has to deal with sociality. Public appearance is very important to us and when we don’t look good, or have a low self-esteem, it can lead to further issues; possibly fatal. Those with the â€Å"obese† label have to deal with social problems every single day. The fact they don’t look â€Å"normal† causes them to not fit in with the â€Å"regular crowd† and can lead to isolation issues. Being isolated from the majority of the population can lead to problems such as depression and later on, suicide. Another big influence on social problems relating to obesity is the media. Every day at some time, somewhere, we are watching TV, reading the newspaper, or searching the web. The media tends to give labels and meaning to words in which we get influenced on. The view that the media portrays to us is that if you are a certain weight, you are obese; and vice-versa. Another problem with the media is the amount of time our society spends on it. Time consumed on useless media takes away from time spent doing productive activities such as exercising. However, the corruption in social patterns relating to obesity isn’t the only problem. Another big factor stands on the medical side. Obesity is a risk in a number of prolonged diseases. Maintaining a healthy weight is critical in order to reduce the risk of those diseases and additionally, improve your overall health. Many children and youth have fewer opportunities to be physically active at school as physical education classes and time spent being physically active at school have been reduced. Being overweight or obese has many risks involved. Serious conditions such as a stroke, high blood pressure, and Type 2 diabetes, can occur as a result; just to name a few. Linked with health problems is a poor diet. Variations in our food environment have made it challenging to maintain a healthy weight. Society tends to want to eat more fast-food rather than cooking at home because it is cheaper and less time-consuming. We have become lazy when it comes to our diets. We don’t take into consideration the Food Guide and basically eat what we want, when we want. Obesity is also a major drain on the economy. The amount of money being spent on health care because of obesity-related diseases is astronomical. The Globe and Mail had an article headlined, â€Å"Obesity costs economy up to $7-billion a year†. By eating right and maintaining a healthy lifestyle, our society can cut down economic costs drastically. All we need to have is some discipline, the proper diet, and exercise. Numerous children today are spending less time exercising and more time in front of the TV, computer, or video-game console. Even worse, some schools have banned the use of balls used at recess. An article in the Toronto Star explained why such a peculiar ban took place at Earl Beatty Public School, â€Å"The letter stated that there have been a â€Å"few serious incidents† in which staff and students have been hit, or come close to being struck, by flying balls. Not only are we lacking in exercise, the catalyst for running around at recess has now been taken away for some. This issue is going to further decrease the amount of physical activity kids partake in, and increase the possibilities of obesity. Commuting to and from work also contributes to obesity when you consider that in order to get by, mo st families need to have at least two incomes. People often have to commute long distances to jobs, and with the minimal time for meal preparation, fast foods become a number one option. Furthermore, having supermarkets, as well as other grocery stores open all night, more money is being spent on expensive, half-prepared meals. Children need to have a healthy example with their parents being physically active and eating healthy. Preventing children from becoming overweight means adapting to the way your family eats and exercises. Many believe that it is the parents fault when it comes to child obesity, and they’re correct. Children don’t have the discipline to eat â€Å"healthy† foods and aren’t capable of preparing home-made meals. It is the parent’s job to influence and lead the way for our youth. If parents set a better example health-wise for their children, it is highly doubtful that the percentage of obesity would be even remotely close to where it is now. Managing and preventing obesity can lead to many societal benefits. Having healthy, positive-minded people in our cities is always encouraging. Managing obesity can lessen the stress that occurs at work, as well as create a friendlier environment. Having a good work environment has shown to raise productivity, therefore creating better capital. Another optimistic result from obesity management in society is the discipline factor. If those that are overweight can overcome a huge default in their life, by working hard and staying focused, it will then translate into other aspects of their day-to-day lives. Our society will become that of a disciplined one, therefore work will become more productive because there is better focus on the tasks at hand; furthermore, children in school will become more confident because of how hard they worked as well as their new self-image. Overall, if our world can manage and prevent obesity, living can ultimately consist more of positive vibes and less of anxiety. In conclusion, it is clear we have a serious issue with obesity that impacts many aspects of people’s lives. It is an austere condition that doesn’t get monitored with enough concern. Possibilities such as Type 2 diabetes and high blood pressure are the two leading causes from being overweight. Medical, as well as social research can help people further comprehend that weight and obesity issues are vastly social, not individual. We have to start working together on fighting obesity. We are a lazy society and we tend to make things harder than they really are. If society works together to help those in need by giving them the courage and confidence needed to make a personal change, this unnecessary burden called obesity can be upheld. It all starts with the right diet as well as exercise and a strong commitment. As little as ten minutes a day on the bike can improve one’s health. The ball is in our court, and stronger action needs to be taken. We need to start now because the benefits to individuals as well as society are well worth the effort.

Stereotypes about Homelessness in America in Dumpster...

Stereotypes about Homelessness in America in Dumpster Diving by Lars Eighner Lars Eighners short essay, Dumpster Diving, reveals the stereotypes about homelessness in America. In order to confirm these known stereotypes about American culture, Eighner includes autobiographical accounts of the economically inferior class, as well as revealing his elitist rules that governs the life of a homeless person. According to Eighner, homeless people fall into the following categories, can scroungers, Dumpster divers, and scavengers. (Eighner, 1993). In addition, Eighners blatant demonstration of his superiority to the people he scavenges from reveals his true character of snobbery. Although Eighner reveals that his chosen lifestyle†¦show more content†¦He further proports that can scroungers blatantly tear up the dumpsters and disregard perfectly good items for other homeless people. Eighner sees can scroungers at the bottom of his elitist list because of the obtrusiveness to the practice of common scavengers. Furthermore, Eigher declares, a true scavenger hat es to see good stuff go to waste, and what he cannot use he leaves in good condition in plain sight. Eighner as a homeless person uncovers his working within tradition of an archeologist. Similar to the archeologist, Eighner dubiously obtains information about those he scavenges from. Eighner feels that the refuge of the common consumer is more valuable then what people originally think. Eighner fervently states, I avoid trying to draw conclusions about the people who dump in the Dumpsters I frequent, when in fact he constantly juxtaposes his position to the affluent people. For instance, Eigher frequents affluent college dorms because of the extreme wastefulness the college students exhibit. He further passes judgment begrudgingly stating, ..its Daddys money.(Eighner, 1993) Moreover, it is the use of these rhetorical strategies that the author implements to deliberately expose his superiority over college students because of his swiftness in retrieving private information. Eighne rs pretension even expands into academia where he finds; college students often discard their papers. I am horrifiedShow MoreRelatedAnalysis Of Dumpster Diving By Lars Eichner972 Words   |  4 PagesInterpretation of Eichner Homelessness has been an increasingly difficult problem to solve within America. Though it affects many, nearly one-fourth of homeless people are veterans, most of which have served in Vietnam or have had an honorable discharge. â€Å"Dumpster Diving,† by Lars Eichner is a nonfiction short story about how society is quick to judge people based on their possessions. Eichner narrates this short story as a homeless man forced to survive by living off of the discarded materials of

The story The Yellow Wallpaper - Free Essay Example

Sample details Pages: 2 Words: 682 Downloads: 9 Date added: 2019/05/17 Category Literature Essay Level High school Tags: The Yellow Wallpaper Essay Did you like this example? The story The Yellow Wallpaper was published in the year 1892 by Charlotte Perkins Gilman. Gilman was married to Charles Stetson, an artist, and they had a daughter, but after the birth of their daughter Gilman, went into a deep and long-drawn depression. She was receiving medical treatment for her depression but the medication only angered her. Don’t waste time! Our writers will create an original "The story The Yellow Wallpaper" essay for you Create order Gilman was limited by her society and the people around her. She was told that she could not put her hand on a pen, brush, or pencil again. With all that build up anger she was able to create her most famous story The Yellow Wallpaper and start her long career as lecturer and writer exposing the feminist issues in society. In her second marriage her mental health had been improved, but she shortly ended her life in 1935. Gilman mostly focused in the genres of feminist fiction and gothic literature. The story starts off with the narrator writing in her sercret journal, that she keeps from her husband, to relieve her mind. The narrator starts to describe the setting to the readers and she talks about the revolting wallpaper and how much she wants to rip it of the wall, which later turns into an obession in the story. As she is describing the room she is in she talks about how it could have been an old nursery. The reason why she is in that room is because her husband, John who is also her doctor, and her are taking a vacation because she has been dealing with post-department depression. In the story John threatens to send her to a physician, Weir Mitchell, if she was not getting better by the end of their vacation. Throughout the story the reader can see that it gets harder and harder for the narrator to stop talking about changing the wallpaper. One night when she could not sleep she saw a figure, a woman trapped inside of the wallpaper pattern. As she sees that woman she begins to notice that the woman was her trpped between the patterns of the paper. She starts tearing the wallpaper but not to get rid of the woman, but to free her. As she is ripping off the wallpaper her husband comes home to discover her crawling on all fours. After he sees her, he then collaspe of shock. The theme the author mostly foreshadowed was self exprssion. In the 1800s there was not a lot of self expression from woman because they were so limited by society. Mental health issues started to form in a lot of women. Wheter it was post- departmetdepression or just depresion in general they did not know what to do. People just thought it was not a big deal they will just get over it one day. The Fall of the House of Usher was published in the year 1840 by Edgar Allan Poe. Poe was born in Boston, but before he turned three years old his parents died. Poe was later adopted by a couple, the Allans, whose name he added into his own name. He was a student in the University of Virginia but his acceptance ended when he fell into drinking and gambling. Soon after that he was enlisted into the army. When he was accepted into West point, he ruined his possbility for being a soldier as a career and he will never escape from his pattern. In 1836 he got married to his cousin, Virginia Clemm, he was thirteen at the time. He became an editor at Richmond Southern Literary Messenger while mangeing his publication, The Stylus. He won a lot of literary prizes because of his writing career, but it was not enough finically support his wife and him. His acholism costed his jobs in journalism. Later on in 1847 his wife died and he met wealthry widow that he would soon be married to. He was going to travel to go meet her in 1849, but went out to celebrate with his friends. He was found in Baltimore street unconscious then died a few days later. Poe writing genre was mostly gothic literature.