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Essay / Case study on collisions at sea - 775
1. INTRODUCTIONThe law at issue in the present case is maritime law, more particularly in the area of collisions at sea (Part 1) and salvage law (Part 2). Based on the merits of this case, the author hereby renders his legal opinion on the rights and potential liabilities of the parties arising from the series of events.2. Part 1: COLLISION AT SEAThere are civil and criminal liabilities that arise as a result of the matter. The issues to be determined are whether Invictus is liable for the damage to Sandford Lighthouse and whether Invictus breached the regulations relating to collisions at sea. The basis for the rules governing the issue of collisions at sea was created in 1840, when the Trinity of London House established a set of binding regulations (practices and customs) on the conduct of navigation. Section 419(4) of the Merchant Shipping Act (“MSA”) 1894 provides for the principle of “presumption of fault” whereby the ship, in the event of a breach of the regulations, is considered to be at fault, unless unless this has been demonstrated to the satisfaction of the court. that the circumstances of the case made a derogation from the regulations necessary. However, this principle of arbitrary presumption was abolished under section 4 of the MSA 1911. Additionally, in 1977 the British Government adopted the International Regulations for Preventing Collisions at Sea ("COLREGS") 1972 in the framework of English law, the regulations of which are subject to these MSA and now consolidated by the MSA 1995. In general, the COLREGS principles will be applicable to "all British ships on the high seas and all waters connected therewith and navigable by seagoing vessels and to foreign vessels entering the territory of the United Kingdom. waters'. However, there are exceptions, that is, who... middle of paper ...... contributed to the collision. As such, Invictus will be held responsible for any violation of these regulations. Regulation 6 provides that “every vessel must at all times proceed at a safe speed so that it can take appropriate and effective action to avoid collision and be stopped at a distance appropriate to the circumstances and conditions at the time”. This regulation imposes the obligation to ensure that the vessel has a safe speed at all times. With no report on the speed of the Invictus, it can be argued that the radar malfunction could lead to different and undefined speed readings, raising difficulties in determining the correct speed. Additionally, the failure of the ship's captain to slow the ship after being informed of the signal in the center of the screen could argue that the Invictus did not have a safe speed, thereby violating this regulation...