NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
JUNE/JULY 2013 EXAMINATION

COURSE CODE: LAW532

COURSE TITLE: MARITIME LAW II

TIME ALLOWED: 3 Hours

INSTRUCTION: Answer any 5  questions. All questions carry equal marks

1.  “There is no legal obligation to register a mortgage, but it is necessary to register in order to give proper legal effect to the mortgage”.

Examine the propriety or otherwise of this statement in the light of registration of a mortgage under the Merchant Shipping Act 2007.

b.            Discuss the procedure for registration of a mortgage of ship as set out in Section 20-41 of the Merchant Shipping Act 2007.

2.            Examine the Nigerian statutory regulation (s) governing the role of the Minister in ensuring safety of lives and ship at sea.

(ii)         What are the defences available to a person in breach of collision regulations?

3         Outline the history and development of the doctrine of limitation of liability of ship owners;

ii.         Under what circumstance will the liability of an owner be excluded?

4.         Discuss, with reference to relevant statutory provisions the concept of salvage in  Maritime law.

b.        What is/are the criteria for determining reward for salvage operations?

5.        i.     What is a towage?

ii.            Outline the duties of the master or owner of the ship under a towage.

iii.           What are the implied terms in a towage?

6.            What are the liabilities of the Pilot under the Nigerian Ports Authority Pilotage regulations?

ii.            Define the management structure under the Lloyds Act of 1882

7.             “The principle of utmost good faith requires that the insured discloses all relevant and material information at the time of contract”

Discuss this statement in the light of sections 19 and 20 of the Marine Insurance Act 2004.

8.            What is the applicability of the contract of indemnity to marine insurance?

ii             What are the implied warranties in voyage policies

9.            What is insurable interest under Marine insurance?

                Write short notes on the following:

1. Valued policy
2. Assignment of policy.