The supreme court, maritime law and the offshore

  

The supreme court, maritime law and the offshore

hello everyone welcome back to my channel before watching this article don't forget to like comment and subscribe now let's start this article the Supreme Court many time low and the offshore the decision of the Supreme Court of Canadia in Bon Valley husky ltd5 Saint John Street Building LTD confirms that many aspects of oil and gas operation in the Canadian offshore are governed by Canadian maritime law Additionally the decision attempts to clarify some of the issues related to recovery of pure economic laws and the scope of Manufacturers duty to warn this article considered the implication of applying Canadian maritime law to the Canadian offshore using the portfolio decision as a backdrop the Rick was captured to Husky Oil operation limited or hwol and both Valley Industries limited or BVI depending on the location of the rig either the Husky Oil operation limited character or the pole Valley Industries limited Carter will be in Evac the characters had intentional turns the characters has hidden Co tents the rigs was crew and operated by phab with Husky Oil operation limited and both Valley Industries limited having the right to direct where the rake has to drill while drilling an offshore Funland a fire occur on the rig which was participated by the Wheel by the wire and wrap a trial and in the phone line core an appeal bvhp has found 60 contributorally negligence and remaining 40 was divided equally between the yard and raised them because of their failure to warn the edge pvhp that the word would burn reduce it to its essential the both family decision confirms the following first most contract and third claims a rising offshore will be governed by Canadian maritime law second it will be very difficult for characters or others to recover against third parties in respect of claims which are purely economic in natural and not found upon a direct claim for physical damage something which happened at Sea are obviously Maritime some of the more obvious examples include Collision bit with ship self-aging fields some featuring fossils in trouble and carrying containers by ship from one port to another in order to fully appreciate the board racing scope of Canadian Maritime Road it is useful to review its elements as Divine and refined by the Supreme Court of Canada it is important to understand that the court looks at Maritime matters in the contact there are some activities which would not obviously appear to be Maritime but which have been so characterized by the Supreme Court of Canada the type of calculators from a storage shed in Montreal following this chart from a ship would not necessarily seem to be made time allows on board a vessel caused by a manufacturing defect in a product made onshore and used in many Industries besides shipping might not appear an officious an obvious candidate for many time status but the Supreme Court of Canada has found both the situation to be Maritime Maritime contracts will also be governed by Kennedy and maritime law a contract to build a ship is maritime certainly a contract to build an offshore drilling rig would be similarly characterized trailing contract used in the offshore are many time and would be subject to the application of the principle of Canadian maritime law maritime law is also uniform from coast to coast statutory loss of the provinces do not form part of many time low for instance to the extent that the provincial legislatures have addressed this issue most provincial status dealing with the registration of capital mortgage exclude ships registered under the Canada shipping Act prostential statues which profile for the calculation of Interest whether the pre-judgment or other ways are not applicable to litigation governed by maritime law in which interest is calculated in accordance with the relevant case law drilling contract for the offshore are to be characterized according to the principle of maritime law most drilling contracts involve the leasing of a Trail Lake from a trailing company to an oil company for the most part the crewing of the rig is the responsibility of the rate owner the person on board the leak will carry out both traditional Maritime function such as Buster safe engineer and non-maritime function the trailing through in addition the oil company client will from time to time have a number of people on board the rate carrying out various functions Wireline mud engineering cement centers and directional and directional drilling Personnel a trailing contract is usually for a specified period of time often being the amount of time anticipated to complete the exploration program in many time parents this would qualify as Time character by which a ship is leased to a character but the responsibility for operating the ship remains with the ship owner the undertaking of seaworthiness there is an employee undertaking in a Time Carter that the ship is seaworthy whether or not the character can treat the character as discharged by reason for a bridge of this undertaking depends on the extent of the bridge there are several important aspects to this undertaking which are relevant in drafting drilling contracts first they require sea worthiness is relative to nature of the ship second the ship must be fit in the sense that is fit to deal with the ordinary perils to which it is to which it is likely to be subjected third the standard of sea worthiness may be affected with improved knowledge of safe building four the competence of the master and crew is a consideration in evaluating civil thinness fifth a ship owner will be liable for Lost Coast by Bridge of the silver thinnest obligation 6. this application may be avoided by suitable contractual wording it is important to have a sense of many time cases dealing with this aspect so they can be considered in interpreting the seaworthiness proficient of drilling contracts the unusual sort of representation in a trailing contract may be in the following terms first Contractors Equipment will be in good working order second various contractor is engaged in the business of drilling testing and completing working over and deepening of wealth represents that it has adequate resources and equipment in good working ordered and fully trained Personnel capable of efficiently operating such equipment insufficient in the required number of crew members has also been found to constitute unsworthiness in the Hanes horn the fifth secret Corps in the United States found a vessel and silver tea due to the following crew in sufficiences first the captain was Ill did not supervise loading and left the festival before the end of the voyage second at no time during the voyage did the vessel have the normal complement of officials turret the officers had no experience with the cargo in questions and for once the captain left the ship the vessel had only two mates maritime law provides that injuries cost to a person as a result of damage or injury caused by the ship will be Accord the status of a married timeline personal injuries sustain a person on board a ship as a result of negligence in the operation of the ship out of giving rise to claim in Ram would not give the plaintiff Mary timeline status the claim of a try for injured by the pedal will of a streamer will be Accord many timeline status whereas a claim for personal injuries sustained as a result of falling down into a hold of vessel would not give many timeline status for the plaintiff whose personal injury claim can be constructed as caused by the ship the maritime land status of claim is significant in essence it means that the plaintiff can comments and action against the rig and have it erased regardless of whether the owner of the rig will be able for the accident okay everyone that's all this article today thank you so much for watching this article until the next one bye.

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