Section 11.15 Substantive Law of Maritime Torts

• Library: Tort Law 2016

A. (§11.15) Substantive Law of Maritime Torts

The substantive law applicable to maritime torts is the general maritime law. Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625 (1959). The general maritime law is comprised of federal maritime statutes and the maritime common law developed by courts of admiralty. The law traditionally draws on civil law concepts and the holdings of English courts sitting in admiralty.

The legal rights and liabilities arising from a cause of action within admiralty jurisdiction are measurable by the standards of maritime law, and maritime substantive law controls regardless of the court in which the action is brought. See:

· Kermarec, 358 U.S. at 628

· Consol. Grain & Barge Co. v. Am. Barge &

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