Ship Masters Business The WritePass Journal

Ship Masters Business Ship Masters Business IntroductionBIBLIOGRAPHYREFERENCESRelated Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} Introduction As per this scenario own vessel was on a voyage charter,if on a voyage charter the ship owner provides the charter party with details of ship particulars,capacity and Registry. The ship shall proceed with reasonable dispatch.Vessel shall proceed with Reasonable dispatch,after this the owner shall undertake to carry the cargo destination. A list of expected perils. The charter agrees to pay freight and provides full cargo,as per voyage charterer if the vessel does not arrives at a certain Port on a certain day ,the cancelling clause gives the charter the full right for cancelling the contract. Own vessel loaded a cargo of high grade steel pipes,On loading some steel appeared to be rusty.None of the concerned parties appointed a surveyor. Own vessel also accepted a letter of indemnity from the seller and signed a clean ‘Bill of Lading’(BOL).A clean BOL means that contains no positive defective condition ,The importance of BOL is it is an evidence of contract and it is a receipt of goods carried. It is the duty of master to check cargo practically as stated in the BOL and if it mets the criteria as stated then he should sign the BOL. By signing a bill of lading   without checking the cargo the Master has become to party of fraud,Due to this no claim will be covered by the PI,In this case Master should have signed a CLAUSED BOL.Its a BOL that contains a positive notation of a defective condition of the cargo covered,material ,of its packaging Own Vessel sailed out with faulty Navigational equipment(RADAR)and this fault was aware to the Master and also the company.this showed that the Master of own vessel did not exercise due-deligence to make the vessel sea worthy and sailed out for Sea with faulty navigational equipment,which   lead to a collision with the container vessel. Due-diligence means all efforts should be made ,So that the vessel meets all the requirements to make the vessel seaworthy. To meet these requirements the vessel shall be properly manned and should have qualified , competent and well trained staff on Board.Ensure that the vessel can proceed to sea without any harm or danger to the Personnel,Property or Marine environment. Ensure that the vessel carries all the necessary equipment as per SOLAS regulations. Also the Equipment, Cargo,Hatches   is well maintained and in good condition.Cargo shall be looked and maintained on board until it is finally discharged.This will ensure that the Master and the company has exercised Due-diligence. The container vessel which had sailed out in a seaworthy condition,this vessel was complying with SOLAS regulations and H-V rules when she sailed out for sea.But a day before the collision the vessel was short manned as 2nd officer was Medically evacuated due to serious injury and rest all officers were working short handed,This lead to short manning which eventually caused fatigue to its officers   and thereby breached SOLAS regulationsThis made the container vessel unseaworthy at the time of collision. But the MCA Guidelines (MSN 1778 (M)),allows a vessel to sail for shorter voyage ,if in incase of emergency ,in the case of short manning ,on a condition that the remaining officers on board are not undergoing through stress or fatigue,due to short manning   and also the ILO guidelines of work are observed(ILO guideline 174),in this   case the owner of the vessel could be had liable ,if apart from breaching SOLAS regulations,the guidelines from MCA has not been followed. Apart from these liabilities ,that has caused by the vessel’s owner due to the breach of statutory regulations and requirements,this incident of collision leads to further liabilities,Own vessel besides the liability incurred by the vessel’s owner due to violation   of article 3 of Hague rules to provide proper documentations and a seaworthy Vessel. Due to collision and the vessel being towed to port of refuge,Liability will also be incurred due to the delay caused in delivery of cargo on time.Also the vessel was loaded with high grade steel pipes,since the vessel collided and suffered collision damage on N0 1 Hold,due to water ingress might have also caused damage to the steel pipes.Expenses incurred due to damage to a ship and its cargo. Own vessel suffered damage at forward N o 1H-port side,which resulted in partial flooding.The container vessel suffered minor Hull damage forward and several containers were lost at sea and some were being jettisoned to help the vessel to prevent water ingress.Master’s duty is to do whatever,necessary or reasonable,so that he can save the ship and cargo from any loss or damage.This allows him   to Jettison the cargo,so that is prudent and safe continuation of the voyage. Both vessels were towed to port of refuge for emergency dry dock repairs. As per Hague Visby rules â€Å" the carrier is bound, before and at the beginning of the voyage, to exercise due diligence†. Make the ship seaworthy. Properly manned, equipped and supply the ship. After receiving the goods into his charge the master or carrier or agent,on demand of the shipper ,issue to the shipper a Bill of lading[1] CONTRACTUAL OBLIGATIONS OF THE MASTER When there is a collision the MASTER shall follow the following steps:- Inform the company,owners,charterers,PI clubs and Port Authorities . EVIDENCE COLLECTION. Details of both the ships. Deck and Engine log books with entries. All the printouts and graphs from bridge equipments. All the navigational charts before and after collision. All navigational equipment in use at time of collision. Weather conditions at the time of incident. At the time of contact the vessels estimated courses and speed. Communications and signals made a the time of collision. Statements from witnesses after collision. Details of VTS or Port Control if any in operation at the time of incident. Mitigate losses to ship owner. â€Å" The owner should exercise burden of proof relating to the exercise of due diligence as the vsls navigational equipment was faulty which eventually led to a collision with the container vessel. Whenever loss or damage has been resulted on account of unseaworthiness the burden of proof of due diligence should be on the carrier or the other person claming exemption under this article. The onus is cast on the carrier in relation to proof of due diligence, until the other party has established that the vessel was unseaworthy and his loss was due to that fact, alternatively the burden of proof should rest with the carrier who is the only party to have access to the whole   fact†[2] A prudent Master should act reasonably as per the regulations to mitigate liabilities. So the vessel’s owners has to protect themselves under Marine Insurance at all times and mitigate liability it is necessary to ensure compliance with statutory regulations and requirements. 2. Salvage: â€Å"As per the scenario the master has two possible choices, salvage options under LOF, or consider a contract of towage ,master should make a risk assessment of the situation in consultation with his senior management team, due to the unreliability of the navigational equipmet ,and damage to the vessel master should not consider moving under his own power, he considered contract of towage or to hire a salvor   which would result in 4 to 5 times more then the contract of towage, however a prudent master shall inform his owners that he considers it necessary to engage a salvor, The next decision is to accept which salvor services, as there are large number of salvors offering their services , often advise is taken from the shore back up team including the Average adjusters before salvors are hired .The master has to ensure that a careful logging of all events is required thru out the salvage operation, while enroute to the port of refuge he must discuss   plan with owners and managers how he will handle the first few hours when alongside and he will need full support of his ship management team†[3] Cargo jettisoned for the safety of vsl will be allowed general average, after collision both vsl proceed to a port of refuge, the expenses of entering leaving such a port shall be allowed as general average, as stated in the York Antwerp rule X. Loss of freight due to cargo damaged or lost or allowed to lost shall be covered under general average. when the damaged cargo is sold   at a loss, General average allowed will be the difference between the net proceed of sale net sound value General average General average In simple is a partial loss caused by or directly consequential upon a general average act. The General Average as defined in the MIA 1906 s. 66 and York Antwerp rule 2004 rules â€Å"There is a general average act where an extraordinary sacrifice or expenditure is voluntarily and reasonable made or incurred in time of peril for the purpose of preserving all the property imperilled in the common adventure’’[4]. As per GA act   damages incurred are usually divided amongst the owner and the shipper,it will depend on the type of charter as to how the expenses will be divided,the Jettisoning of the cargo shall be equally divided between the owner and the   shipper. In the given scenario the vessel had to jettison some containers to assist the vessel to prevent the water ingress for the safety of the ship so this sacrifice was for preserving the property hence eligible for G A. Thus all parties interested in the venture, ship owner, charterers, and cargo owners etc, will proportionally contribute to ship – owner expenses and   for port of refuge for emergency dry dock repairs. These are the main five parts which will show whether that act is classed under the GA or not, in fact GA arises when sacrifices have been made for the safety of the ship against cargo and freight, from some peril of the sea or from its effects. The total of such G A allowances is shared between the various parties who stood to lose each contributing in proportion to his percentage of the total values involved. The purpose of G A is to ensure that the owner of the ship or cargo who has incurred an expenditure or suffered a sacrifice of his cargo in time of peril for the purpose of preserving property receives a contribution to his loss from all those who have benefited from the action, G A acts are allowed under the H M repairs,Expenses incurred due to damage to a ship and its cargo and of taking direct action to prevent further damage to the ship and its cargo is taken as Particular Average. Hull and Machinery Insurance The duration of this insurance is for the maximum period of 12 months.this insurance is covered for the damage by herself   caused to the vessel due to marine peril. It is the protection of liabilities’s of :-  ¾ ths collision liability : The underwiter agrees to pay the  ¾Ã‚   of any sum due to the loss:- Damage caused to the other vessel ,also the loss of property and the general average or salvage of other vessel. General average and salvage:-the adjustment made should be according to the law. The insurance covers loss to the ship   caused by following incidents:- Ø  Ã‚  Ã‚  Ã‚   Fire and Explosion Ø  Ã‚  Ã‚  Ã‚   Accident during loading and discharging ,shifting cargo . Ø  Ã‚  Ã‚  Ã‚   Jettisoning of cargo Ø  Ã‚  Ã‚  Ã‚   Piracy Ø  Ã‚  Ã‚  Ã‚   Earthquake /Tsunamis Ø  Ã‚  Ã‚  Ã‚   Peril of the sea,river/lake or any navigable water Ø  Ã‚  Ã‚  Ã‚   Boiler bursting ,defect in machinery,shaft breakage. Ø  Ã‚  Ã‚  Ã‚   Barratry of master/officer/crew. Ø  Ã‚  Ã‚  Ã‚   Contact with land conveyance ,dock or harbour equipment. Ø  Ã‚  Ã‚  Ã‚   Contact with helicopter,aircraft or falling object. In this scenario own vessel has sailed with a faulty Radar ,this proves that the master had not showed due diligence and will not be getting any compensation.    PI   Insurance Charterrs and ship owners are offered various class of coverage by the PI clubs. PROTECTION COVERS FOLLOWING LIABILITIES:- Ø  Ã‚  Ã‚  Ã‚   Collision Ø  Ã‚  Ã‚  Ã‚   Cargo claims ,crew claims Ø  Ã‚  Ã‚  Ã‚   Oil pollution LIMITATION AND PI COVER:- The PI club has a board of directors who decide how to limit and restrict the cover that is given to the members. The towage of the ship may cover if the member is liable under contract of towage. The club covers the pollution liabilities only to the liability that the pollution is an extent to the escape or discharge of oil or any substance. In this case own vessel had an inoperational radar,The marine insurance contract had been breached,so the insurance company may refuse   to pay the amount. Due-diligence shall be maintained at all times so that the insurance policy can cover the cargo and the ship against damages at all times. 3. Master’s actions are very crucial to obtain cover under Insurance policies. A prudent Master shall act reasonably with the codes and regulations ,Compliance with the rules and regulation will also reduce the carrier or owner liabilities regarding salvage, Master assess the situation thoroughly whether to take salvage. The right to salvage can only arise in respect of maritime properties. The terms and conditions on which the salver agrees to salve the property is   divided into two basis: Ø  Ã‚  Ã‚  Ã‚   The daily hire basis Ø  Ã‚  Ã‚  Ã‚     The Lloyds open form (L.O.F) The term salvage applies to Ø  Ã‚   the service performed by a salvor Ø  Ã‚   the reward paid to a salvor in respect of his successful services. Since there is no formal contract as to the money which the salvor is due on successful completion of the contract such a method is only employed when the marine environment are in grave danger. â€Å"L.O.F’’ is the most widely used â€Å"no cure – no pay’’ salvage contract, in return for salvage services, the salver receives a proportion of the â€Å"salved value ’’the value of the ship, its cargo and bunkers on board the ship. As per scenario own vessel sufferd severe collision damage on the forward end of the No 1 HOLD-Port side,resulting in partial flooding ,Due to this effect vessel was in grave and imminent danger and threat to environment, in shortest time Master decided to take L.O.F to tow the vessel to port of refuge for emergency dry dock repairs. Own vessel was under   Llyods open Form Choosing the L.O.F is a matter of getting the best expertise possible in the shortest time, the Master/   owner have insufficient time to arrange a daily hire contract, their need not be a formal signing of the form, the terms and conditions can be agreed on communication the words ‘’L.O.F 2000’’ clearly being spoken during acceptance. In this incident the container vessel suffers minor hull damage and vessel was not imminent danger and not any threat to marine environment so the Master preferred to organize a daily hire agreement. The daily hire agreement would work out more economical and less complicated compare to the L.O.F.The salvage operation and its remuneration are as per the Lloyd’s rules and regulations whereas the towage contract depends upon the rules and regulation entered   by the two signatories i.e. the ship owner and the towing company. The time factor is essential for the Master to make a prudent decision contacting the owner who sought advice from H M and P I club to draw satisfactory action plan. H M and P I, insurance policies covered some losses, however, the Master action are extremely important to obtain cover under the different insurance policies.  Ã‚   BIBLIOGRAPHY College notes – shipmasters business by STC Carriage of goods by sea by john F Wilson Shipmasters business companion by Malcolm maclachlan MCA Guidelines-2003 REFERENCES www,google.co.uk www.nortonrose.com Normal 0 false false false MicrosoftInternetExplorer4 Introduction As per this scenario own vessel was on a voyage charter,if on a voyage charter the ship owner provides the charter party with details of ship particulars,capacity and Registry. The ship shall proceed with reasonable dispatch.Vessel shall proceed with Reasonable dispatch,after this the owner shall undertake to carry the cargo destination. A list of expected perils. The charter agrees to pay freight and provides full cargo,as per voyage charterer if the vessel does not arrives at a certain Port on a certain day ,the cancelling clause gives the charter the full right for cancelling the contract. Own vessel loaded a cargo of high grade steel pipes,On loading some steel appeared to be rusty.None of the concerned parties appointed a surveyor. Own vessel also accepted a letter of indemnity from the seller and signed a clean ‘Bill of Lading’(BOL).A clean BOL means that contains no positive defective condition ,The importance of BOL is it is an evidence of contract and it is a receipt of goods carried. It is the duty of master to check cargo practically as stated in the BOL and if it mets the criteria as stated then he should sign the BOL. By signing a bill of lading   without checking the cargo the Master has become to party of fraud,Due to this no claim will be covered by the PI,In this case Master should have signed a CLAUSED BOL.Its a BOL that contains a positive notation of a defective condition of the cargo covered,material ,of its packaging Own Vessel sailed out with faulty Navigational equipment(RADAR)and this fault was aware to the Master and also the company.this showed that the Master of own vessel did not exercise due-deligence to make the vessel sea worthy and sailed out for Sea with faulty navigational equipment,which   lead to a collision with the container vessel. Due-diligence means all efforts should be made ,So that the vessel meets all the requirements to make the vessel seaworthy. To meet these requirements the vessel shall be properly manned and should have qualified , competent and well trained staff on Board.Ensure that the vessel can proceed to sea without any harm or danger to the Personnel,Property or Marine environment. Ensure that the vessel carries all the necessary equipment as per SOLAS regulations. Also the Equipment, Cargo,Hatches   is well maintained and in good condition.Cargo shall be looked and maintained on board until it is finally discharged.This will ensure that the Master and the company has exercised Due-diligence.    The container vessel which had sailed out in a seaworthy condition,this vessel was complying with SOLAS regulations and H-V rules when she sailed out for sea.But a day before the collision the vessel was short manned as 2nd officer was Medically evacuated due to serious injury and rest all officers were working short handed,This lead to short manning which eventually caused fatigue to its officers   and thereby breached SOLAS regulationsThis made the container vessel unseaworthy at the time of collision. But the MCA Guidelines (MSN 1778 (M)),allows a vessel to sail for shorter voyage ,if in incase of emergency ,in the case of short manning ,on a condition that the remaining officers on board are not undergoing through stress or fatigue,due to short manning   and also the ILO guidelines of work are observed(ILO guideline 174),in this   case the owner of the vessel could be had liable ,if apart from breaching SOLAS regulations,the guidelines from MCA has not been followed. Apart from these liabilities ,that has caused by the vessel’s owner due to the breach of statutory regulations and requirements,this incident of collision leads to further liabilities,Own vessel besides the liability incurred by the vessel’s owner due to violation   of article 3 of Hague rules to provide proper documentations and a seaworthy Vessel. Due to collision and the vessel being towed to port of refuge,Liability will also be incurred due to the delay caused in delivery of cargo on time.Also the vessel was loaded with high grade steel pipes,since the vessel collided and suffered collision damage on N0 1 Hold,due to water ingress might have also caused damage to the steel pipes.Expenses incurred due to damage to a ship and its cargo. Own vessel suffered damage at forward N o 1H-port side,which resulted in partial flooding.The container vessel suffered minor Hull damage forward and several containers were lost at sea and some were being jettisoned to help the vessel to prevent water ingress.Master’s duty is to do whatever,necessary or reasonable,so that he can save the ship and cargo from any loss or damage.This allows him   to Jettison the cargo,so that is prudent and safe continuation of the voyage. Both vessels were towed to port of refuge for emergency dry dock repairs. As per Hague Visby rules â€Å" the carrier is bound, before and at the beginning of the voyage, to exercise due diligence†. Make the ship seaworthy. Properly manned, equipped and supply the ship. After receiving the goods into his charge the master or carrier or agent,on demand of the shipper ,issue to the shipper a Bill of lading[1] CONTRACTUAL OBLIGATIONS OF THE MASTER When there is a collision the MASTER shall follow the following steps:- Inform the company,owners,charterers,PI clubs and Port Authorities . EVIDENCE COLLECTION. Details of both the ships. Deck and Engine log books with entries. All the printouts and graphs from bridge equipments. All the navigational charts before and after collision. All navigational equipment in use at time of collision. Weather conditions at the time of incident. At the time of contact the vessels estimated courses and speed. Communications and signals made a the time of collision. Statements from witnesses after collision. Details of VTS or Port Control if any in operation at the time of incident. Mitigate losses to ship owner. â€Å" The owner should exercise burden of proof relating to the exercise of due diligence as the vsls navigational equipment was faulty which eventually led to a collision with the container vessel. Whenever loss or damage has been resulted on account of unseaworthiness the burden of proof of due diligence should be on the carrier or the other person claming exemption under this article. The onus is cast on the carrier in relation to proof of due diligence, until the other party has established that the vessel was unseaworthy and his loss was due to that fact, alternatively the burden of proof should rest with the carrier who is the only party to have access to the whole   fact†[2] A prudent Master should act reasonably as per the regulations to mitigate liabilities. So the vessel’s owners has to protect themselves under Marine Insurance at all times and mitigate liability it is necessary to ensure compliance with statutory regulations and requirements. 2. Salvage: â€Å"As per the scenario the master has two possible choices, salvage options under LOF, or consider a contract of towage ,master should make a risk assessment of the situation in consultation with his senior management team, due to the unreliability of the navigational equipmet ,and damage to the vessel master should not consider moving under his own power, he considered contract of towage or to hire a salvor   which would result in 4 to 5 times more then the contract of towage, however a prudent master shall inform his owners that he considers it necessary to engage a salvor, The next decision is to accept which salvor services, as there are large number of salvors offering their services , often advise is taken from the shore back up team including the Average adjusters before salvors are hired .The master has to ensure that a careful logging of all events is required thru out the salvage operation, while enroute to the port of refuge he must discuss   plan with owners and managers how he will handle the first few hours when alongside and he will need full support of his ship management team†[3] Cargo jettisoned for the safety of vsl will be allowed general average, after collision both vsl proceed to a port of refuge, the expenses of entering leaving such a port shall be allowed as general average, as stated in the York Antwerp rule X. Loss of freight due to cargo damaged or lost or allowed to lost shall be covered under general average. when the damaged cargo is sold   at a loss, General average allowed will be the difference between the net proceed of sale net sound value General average General average In simple is a partial loss caused by or directly consequential upon a general average act. The General Average as defined in the MIA 1906 s. 66 and York Antwerp rule 2004 rules    â€Å"There is a general average act where an extraordinary sacrifice or expenditure is voluntarily and reasonable made or incurred in time of peril for the purpose of preserving all the property imperilled in the common adventure’’[4].    As per GA act   damages incurred are usually divided amongst the owner and the shipper,it will depend on the type of charter as to how the expenses will be divided,the Jettisoning of the cargo shall be equally divided between the owner and the   shipper.    In the given scenario the vessel had to jettison some containers to assist the vessel to prevent the water ingress for the safety of the ship so this sacrifice was for preserving the property hence eligible for G A. Thus all parties interested in the venture, ship owner, charterers, and cargo owners etc, will proportionally contribute to ship – owner expenses and   for port of refuge for emergency dry dock repairs.    These are the main five parts which will show whether that act is classed under the GA or not, in fact GA arises when sacrifices have been made for the safety of the ship against cargo and freight, from some peril of the sea or from its effects. The total of such G A allowances is shared between the various parties who stood to lose each contributing in proportion to his percentage of the total values involved. The purpose of G A is to ensure that the owner of the ship or cargo who has incurred an expenditure or suffered a sacrifice of his cargo in time of peril for the purpose of preserving property receives a contribution to his loss from all those who have benefited from the action, G A acts are allowed under the H M repairs,Expenses incurred due to damage to a ship and its cargo and of taking direct action to prevent further damage to the ship and its cargo is taken as Particular Average. Hull and Machinery Insurance The duration of this insurance is for the maximum period of 12 months.this insurance is covered for the damage by herself   caused to the vessel due to marine peril. It is the protection of liabilities’s of :-  ¾ ths collision liability : The underwiter agrees to pay the  ¾Ã‚   of any sum due to the loss:- Damage caused to the other vessel ,also the loss of property and the general average or salvage of other vessel. General average and salvage:-the adjustment made should be according to the law. The insurance covers loss to the ship   caused by following incidents:- Ø  Ã‚  Ã‚  Ã‚   Fire and Explosion Ø  Ã‚  Ã‚  Ã‚   Accident during loading and discharging ,shifting cargo . Ø  Ã‚  Ã‚  Ã‚   Jettisoning of cargo Ø  Ã‚  Ã‚  Ã‚   Piracy Ø  Ã‚  Ã‚  Ã‚   Earthquake /Tsunamis Ø  Ã‚  Ã‚  Ã‚   Peril of the sea,river/lake or any navigable water Ø  Ã‚  Ã‚  Ã‚   Boiler bursting ,defect in machinery,shaft breakage. Ø  Ã‚  Ã‚  Ã‚   Barratry of master/officer/crew. Ø  Ã‚  Ã‚  Ã‚   Contact with land conveyance ,dock or harbour equipment. Ø  Ã‚  Ã‚  Ã‚   Contact with helicopter,aircraft or falling object. In this scenario own vessel has sailed with a faulty Radar ,this proves that the master had not showed due diligence and will not be getting any compensation.    PI   Insurance Charterrs and ship owners are offered various class of coverage by the PI clubs. PROTECTION COVERS FOLLOWING LIABILITIES:- Ø  Ã‚  Ã‚  Ã‚   Collision Ø  Ã‚  Ã‚  Ã‚   Cargo claims ,crew claims Ø  Ã‚  Ã‚  Ã‚   Oil pollution LIMITATION AND PI COVER:- The PI club has a board of directors who decide how to limit and restrict the cover that is given to the members. The towage of the ship may cover if the member is liable under contract of towage. The club covers the pollution liabilities only to the liability that the pollution is an extent to the escape or discharge of oil or any substance. In this case own vessel had an inoperational radar,The marine insurance contract had been breached,so the insurance company may refuse   to pay the amount. Due-diligence shall be maintained at all times so that the insurance policy can cover the cargo and the ship against damages at all times. 3. Master’s actions are very crucial to obtain cover under Insurance policies. A prudent Master shall act reasonably with the codes and regulations ,Compliance with the rules and regulation will also reduce the carrier or owner liabilities regarding salvage, Master assess the situation thoroughly whether to take salvage. The right to salvage can only arise in respect of maritime properties. The terms and conditions on which the salver agrees to salve the property is   divided into two basis: Ø  Ã‚  Ã‚  Ã‚   The daily hire basis Ø  Ã‚  Ã‚  Ã‚     The Lloyds open form (L.O.F) The term salvage applies to Ø  Ã‚   the service performed by a salvor Ø  Ã‚   the reward paid to a salvor in respect of his successful services. Since there is no formal contract as to the money which the salvor is due on successful completion of the contract such a method is only employed when the marine environment are in grave danger. â€Å"L.O.F’’ is the most widely used â€Å"no cure – no pay’’ salvage contract, in return for salvage services, the salver receives a proportion of the â€Å"salved value ’’the value of the ship, its cargo and bunkers on board the ship. As per scenario own vessel sufferd severe collision damage on the forward end of the No 1 HOLD-Port side,resulting in partial flooding ,Due to this effect vessel was in grave and imminent danger and threat to environment, in shortest time Master decided to take L.O.F to tow the vessel to port of refuge for emergency dry dock repairs. Own vessel was under   Llyods open Form Choosing the L.O.F is a matter of getting the best expertise possible in the shortest time, the Master/   owner have insufficient time to arrange a daily hire contract, their need not be a formal signing of the form, the terms and conditions can be agreed on communication the words ‘’L.O.F 2000’’ clearly being spoken during acceptance. In this incident the container vessel suffers minor hull damage and vessel was not imminent danger and not any threat to marine environment so the Master preferred to organize a daily hire agreement. The daily hire agreement would work out more economical and less complicated compare to the L.O.F.The salvage operation and its remuneration are as per the Lloyd’s rules and regulations whereas the towage contract depends upon the rules and regulation entered   by the two signatories i.e. the ship owner and the towing company. The time factor is essential for the Master to make a prudent decision contacting the owner who sought advice from H M and P I club to draw satisfactory action plan. H M and P I, insurance policies covered some losses, however, the Master action are extremely important to obtain cover under the different insurance policies.  Ã‚   BIBLIOGRAPHY College notes – shipmasters business by STC Carriage of goods by sea by john F Wilson Shipmasters business companion by Malcolm maclachlan MCA Guidelines-2003 REFERENCES www,google.co.uk www.nortonrose.com [1] College notes-shipmaster’s business [2] Carriage of goods by sea by Jhon F wilson [3] Commercial management for ship masters (A practical guide) Robert L Tallack. [4] Shipmasters business by Malcolm Malcalahan st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;}

Hunting Trip Essay Example | Topics and Well Written Essays - 1500 words

Hunting Trip - Essay Example According to the study unlike him, Kelvin had no reservations about exciting the bear, before he could tell him to calm down so as not to draw the animal’s attention, he was bounding past him into the forest and the bear could not have been more exited as it burst through the undergrowth looking way bigger and meaner than it had when it was half hidden. "I followed Kelvin, who was by now running at full tilt and screaming his head off, I had heard that the best way to survive an animal attack was to have friend who wasn’t as fast as you were. If that was true, Kelvin had nothing to fear since I was naturally slower than him, I could hear the bear grunting a several feet behind me but I could have sworn it was inches. I slipped and fell and for a fraction of the scariest second of my life, I was sure the bear would catch up and rip me into shreds; however I sprang up almost as fast as I had fallen and kept running. Spurred by fear, I accelerated and the race was on, for the bear it was about lunch but for us it was our lives we were running for, at that moment I was so scared that I was sweating through every pore on my skin and something in my mind was telling me this was the end. Nevertheless, I felt (or thought I felt) adrenaline coursing through my veins and I run harder than ever before. I kept running into low hanging branches that my friend had brushed aside in his haste and some of them smacked me right in the face as they swung back after he had pushed them away. I was however too scared to feel the pain, many tore into my face living deep scratches which I only noticed much later. This was not how I had planned my day; I had been persuaded by my friends, Kelvin and Fred to join them in a hunting â€Å"expedition† they made it sound like we would be reliving Mungo Park’s exploration into Africa although I knew at best we would scare a few rabbits. Still, against my better judgment I acquiesced and we agreed to meet at Kelvin' s place on Saturday at 7 Am. I borrowed an on old hunting rifle which my dad swore could take out an elephant from 200 yards, from experience, it was unstable and the scope was faulty such that the easiest way to guarantee you do not shoot something would be to aim at it. When I got to the rendezvous, I found Kelvin, Fred and another guy called Alex who was introduced to me as Fred’s cousin, we set off for the reservation with high hopes of bagging a few rabbits by lunch time. Two hours later, the only significant thing that had happened was that all or phones lost their signals and we had to navigate using Kelvins rusty compass."  

Culture and Psychology Assignment Example | Topics and Well Written Essays - 750 words

Culture and Psychology - Assignment Example Although the apartments of Japanese prostitutes are clean and well-maintained, yet they have lost much of the sense of dressing because of imitating European prostitutes. However, they may not be very well-educated. Hence, we can say that prostitution in Japan is a well-organized business. German prostitutes, in contrast, may be so educated that, Pitu (2011) writes that, â€Å"In Berlin, you might meet a prostitute with a PhD.† Prostitution became legalized in Germany in 2002. Since then, the business has been growing itself very rapidly. There are thousands of registered brothels in Berlin and other parts of the country. Street prostitution is very common, carried out under supervision of pimps. The factor that influences street prostitution is the economic instability of people, and especially women, who become prostitutes to fulfill their financial requirements. Prostitutes also serve to procure drug business. They also work at bars, where they lure men into buying expensive drinks and avail sexual services. We see that in both the countries, the biggest factor that triggers prostitution is the financial instability of some groups of people, who bring their women into prostitution to meet their financial needs. These countries are also well-known for their sex trade or sex trafficking, in which women are forced into prostitution and are abused sexually. Since prostitution is legal, brothels place ads with government employment agencies to hire prostitutes. When not enough local women are recruited to fill the places in brothels, women from other places are brought via sex trafficking to work in the brothels. Hence, the factors that trigger prostitution in these countries are not cultural, but based on financial needs and business requirements. Japanese have been known to be very flexible in accepting foreign sexual behaviors within their own culture. Japanese do not show public

A Hostile Work Environment Commerce Essay

A Hostile Work Environment Commerce Essay This compensation can come in the form of salary increase or bonus. If someone feels they are not being rewarded or even considered for an increase they very often look to move somewhere else that they can receive a higher salary. A hostile work environment is also a major reason that employees felt demotivated. When an employee feels that their work environment is not safe or that they are treated unfairly they may often look to leave. Many times they do not try to confront the situation, but instead would prefer to just avoid it which greatly dissatisfies them and which would in turn prevent the organization from retaining its employees. Problem Statement In this research study, the motivating factors which are not being implemented due to which Ufone is facing trouble to retain its employees Research Question What are the motivating factors that will lead to employee retention at Ufone? Rationale of the study The basic premise for studying the Human Resource Management Practices (HR) and Employee Retention in relation to level of motivation of employees at Ufone is to assess the importance being attached to these vital aspects by the organizations concerned and to develop an understanding of the relationship between the overall manner in which motivation has subsequent impact on the willingness of the employees to stay with the organization. Its the need of today for us to analyze the important role played by the ability of the organizations to retain competent employees for developing distinctive competencies for an organization. This report can be useful for different people for organization and employers who are planning to retain talented employees and are faced by lack of employee turnover. In todays emergent world, the Telecom industry is expanding immensely and the 2nd largest sector in Pakistan. It is essential to conduct research on telecom related topics in order to create a better understanding of the sector and help to increase the revenue generated from this sector for the government and for itself, having a positive effect on the economy too. Institutions are being reshaped to adjust to a postindustrial society. Naisbitt suggested that motivational implications are very important; most of our economy continues to shift from manufacturing to service and information jobs. In an ever raging battle of surpassing each other, organizations with distinctive competencies out perform their competitors. To gain and maintain competitive advantage an organization uses every possible mean available to it in its battery of resources. Marketers and multinationals would want their competent employees to stay within the organization, thus they would want to find out the motivating factors that lead to employee retention. The present research focuses on exploratory goals such as analyzing the motivating factors that lead to employee retention, which in turn effects the over all performance of the company. Research Objective To explore factors that lead to employee retention. To analyze if working environment plays an important role in the motivation process To access the recognition of work and its impact To analyze the amount of influence training has   when it comes to motivating employees To find out what are the challenges and bottle necks preventing Ufone from enhancing the employee productivity and in retaining talent. To find out the importance that motivation holds for employees in order to stay with-in the organization. To asses whether empowerment and delegation of authority gives an employee a sense of responsibility To explore if internal and external factor would help increase the motivation process To analyze the amount of influence that motivation at Ufone has on its employees. Scope of the study This study is restricted to the motivating factors that would lead to employee retention at Ufone. In this research secondary data is obtained from sources such as published articles and reports while primary data is gathered through interviews and questionnaires survey from the employees of Ufone. This report can be useful for Ufone, its head of departments and the institutions which would bring into light the problems and how to prevent those factors that lead to employees being demotivated and how a company can retain its employees.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   CHAPTER 2 LITERATURE REVIEW In the business world, motivation is the word used to describe the drive that impels an individual to work. A truly motivated employee is one who wants to work, if employees know what strengthens and weakens their motivation, they can often perform more effectively and help themselves find more satisfaction in their jobs. Employers also want to know what motivates their employees so that they can encourage continued peak performance (Halloran, 1986).   A lot of research has been done on the study of motivation and it can be traced back to the writing of the ancient Greek philosophers. Hedonism has given a basic assumption in the prevailing economic and social philosophies of Adam Smith, Jeremy Bentham, and John Stuart Mill who explained motivation in terms of people trying to maximize pleasure and minimize pain.   Motivation is a personal drive to act in order to satisfy ones needs. It comes from within the individual. It creates a drive to act, which may be influenced by some external stimulus. Employee retention is an important factor in an organizations ability to achieve sustained competitive advantage over a longer period of time. Besides this aspect a failure to retain competent employees leads to a numerous other problems. Retaining good employees is critical to a firms long term success. In the engineering and business markets, employee retention is extremely serious since the job market is tight and competition is very intense for candidates. The main factors in retaining employees include, corporate brand identity, employee intention to remain, organizational culture, self-esteem, need for achievement. The cost of employee turnover adds hundreds of thousands of money to a companys expenses. While it is difficult to fully calculate the cost of turnover (including hiring costs, training costs and productivity loss) industry experts often quote 25% of the average employee salary as a conservative estimate. When an employee leaves, he takes with him valuable knowledge about the company, customers, current projects and past history (sometimes to the competitors).   Often much time and money has been spent on the employee in expectation of a future return. When the employee leaves, the investment is not realized. Customers and clients do business with a company in part because of the people. Relationships are developed that encourage continued sponsor ship of the business. When and employee leaves the relationships that employee built for the company are severed which could lead to potential customer loss. If an employee resigns then good amount of time is lost in hiring a new employee and then training him/her and this goes to the loss of the company directly which many a times goes unnoticed. And even after this a company cannot assure the same efficiency from the new employee.

Typical and Atypical Abuse Essay -- Physical Emotional Abuse Abusive E

Typical and Atypical Abuse Physical and emotional abuse can originate from any source but the majority of the abuse generates from parental or adult figures and is direct toward a timid figure, typically a child. The abuser commonly chooses a more timid recipient because they will be less likely to stand up against the abuser. Physical abuse is maltreatment that involves actual contact between one body part of a person and an other body part of an other person, such as hitting or slapping. Emotional abuse consists of just the opposite: maltreatment that is directed to harming the individual psychologically, such as negative comments or put downs (National Exchange Club Foundation, 2000). Regardless of whom the abuse is directed toward or whether its physical or emotional, it all causes several types of damage. Abuse is not limited to a specific type of community or to children (NAEYC, 1997). Three million children are victims of abuse each year. Each day three hundred and sixteen young children are arrested for crimes. Sixteen die from gun related wounds (Massey, 1998). The majority of these statistics are related to abused children from home settings, which will cause significant damage to how the child deals with everyday situations in settings out of the home. The effects of abuse tend to vary with different children but any type of abuse can cause serious damage. Not all children display the same responses to physical and emotional abuse. A few of the typical emotional responses include; showing excessive fear, extreme anger, low self-esteem, and an inability to trust adult figures. In contrast a few physical responses are difficulties developing speech patters, difficulties getting involved with other ch... ... situations, such as; gangs, drug abusers, and children that were abused but adults. But with programs, time and devotion the country is now lowering their numbers of each hazard that can cause harm to the students learning environment. Rose, M. (2002, February 22). TSL Education Limited The Times Educational Supplement. Abuse That Comes With a Smile for Not Making Waves, pp. 2 from the Academic Search/EBSCO database There are a few parents who choose to educate their children at home so the students will not come into contact with controversial topics. However, by home schooling, the parents unwittingly enforce social learning issues on their children because they will never feel comfortable in situations that deal with other people their own age. This proves the children need the social aspect of school just as much as the educational aspect.

History of Country Music

Velvet Stalnaker UNV 104 January 7, 2012 Professor Salcido History of Southern Music Southern music is now called country music and is popular in many different places. It is for people from all walks of life. But, when we look at country music today and from years ago is it the same? , When did it become popular? and , How has the music changed over the years? Southern music known today as country music became popular in the 1920’s. This was music that was based on folk music of cowboys in the southeast (Collins English Dictionary, 2003). In most of the early music the artist played stringed instruments like fiddles, guitars, banjos and some were even playing harmonicas. When this type of music started some people called it â€Å"hillbilly music† (Tower, 2000). Country music is in my opinion soothing and tells a story. Immigrants came to this world over 300 years ago playing and listening to what they called old world music. Most of the people that were playing this music were playing banjos and guitars. Southern music is still used today in churches all over the world it is called southern gospel. This type of music is used in funerals and also celebrations all over the world. Most people think this type of music is all about people crying about their lives. Many southern country songs tell stories about the singer. Southern music is used today in some schools and churches on a daily basis. Some government groups in the United States also use songs with southern background. â€Å"The south is the cradle of American music. †3 This can be seen through many types of music. Southern music is used in movies. Southern influence help to make popular songs like â€Å"Sweet Home Alabama†, â€Å"Free bird†, and â€Å"Still in Saigon† favorites among many different types of people today. Even though southern music is for hillbillies, southern music is very influential because southern music from the past is still used in lives today and southern music started many famous songs still used today. This is why southern music is not just for hillbillies. Reference Page 1- http://www. urbandictionary. com 2- http://www. wbir. com by Dave Paulson â€Å"The Tennessean† Who listens to Country music? 3- http:www. credoreference. com. library. gcu. edu:2048/entry/abcarcsouth/music Here is the section of the style guide that might help you with your citations. Source Citations All quotations, paraphrases, and summaries must be referenced. Only common knowledge does not need to be cited. When in doubt, cite the material. This is an issue of plagiarism; please reference GCU’s policy on Plagiarism in the University Policy Handbook. In-text citations should note the author(s) and the publication date for a paraphrase. For a direct quotation, citations should include author(s), date, and page number. See the following examples: â€Å"Ethics examines moral values and the standards of ethical behavior† (Ornstein & Levine, 2008, p. 162). Ornstein and Levine (2008) expressed their concern with NCLB and its effect on public education. Reference Examples: Books Book by a Single Author Author, A. A. (Year). Book title: Subtitle after colon. Location, State Abbreviation: Publisher. [Some publication locations do not require a state abbreviation or country. ] Daresh, J. C. (2004). Beginning the assistant principalship: A practical guide fo r new School administrators. Thousand Oaks, CA: Corwin. Book by More than One Author Author, A. A. , Author, B. B. , & Author, C. C. (Year). Book title: Subtitle after colon. Location, State Abbreviation: Publisher. Black, J. A. , & English, F. W. (1986). What they don’t tell you in schools of education about school administration. Lancaster, PA: Technomic. Hartzell, G. , Williams, R. , & Nelson, K. (1995). New voices in the field: The work lives of first-year assistant principals. Thousand Oaks, CA: Corwin. Edited Book Author, A. A. (Ed. ). (Year). Book title: Subtitle after colon. Location, State Abbreviation: Publisher. Feldman, P. R. (Ed. ). (1997). British women poets of the romantic era. Baltimore: Johns Hopkins University. Article or Chapter in an Edited Book Author, A. A. , & Author, B. B. (Year). Chapter or article title. In A. A. Editor & B. B. Editor (Eds. ), Book title: Subtitle after colon (pp. ). Location, State Abbreviation: Publisher. Grabe, W. , & Stoller, F. L. (2001). Reading for academic purposes: Guidelines for the ESL/EFL teacher. In M. Celce-Murcia (Ed. ), Teaching English as a second or foreign language (3rd ed. ) (pp. 187-203). Boston: Heinle & Heinle. Multiple Editions of a Book Author, A. A. (Year). Book title: Subtitle after colon (2nd ed. . Location, State Abbreviation: Publisher. Parker, F. , & Riley, K. (2004). Linguistics for non-linguists: A primer with exercises (4th ed. ). Boston: Allyn & Bacon. Book by an Organization Organization Name. (Year). Book title: Subtitle after colon. Location, State Abbreviation: Publisher. American Psychological Association. (2001). Publication manual of the American Psychological Association (5th ed. ). Washington, DC: Author. [Here, the organi zation is both the publisher and the author, so the word â€Å"Author† is noted in place of the publisher’s name. Reference Examples: Periodicals Article in a Journal Author, A. A. (Year). Title of article. Journal Title, Volume(Issue), Page numbers. Chappuis, S. , & Stiggins, R. (2002). Classroom assessment for learning. Educational Leadership, 60, 40-43. Arnold, J. B. , & Dodge, H. W. (1994). Room for all. The American School Board Journal, 181(10), 22-26. [The issue number is in parentheses; no space between the volume and issue. ] Article in a Popular Magazine Author, A. A. (Year, Month Day). Article title. Magazine Title, Volume(Issue), Page numbers. Mehta, P. B. (1998, June 6). Exploding myths. New Republic, 290(25), 17-19. Article in a Newspaper Author, A. A. (Year, Month Day). Article title. Newspaper Title, Page numbers. Schwartz, J. (1993, September 30). Obesity affects economic, social status. Washington Post, pp. A1, A4. Online Periodical Article Author, A. A. , Author, B. B. , & Author, C. C. (Year). Title of article. Periodical Title, Volume(Issue), Page numbers. Retrieved Month Day, Year, from URL Smith, B. M. (2004, June). What will you do on summer vacation? Phi Delta Kappan, 85(10), 722. Retrieved August 18, 2004, from http://www. pdkintl. org/kappan/k0406smi. htm Reference Examples: Electronic Resources Document from University or Government Program Web Site Author, A. A. , Author, B. B. , & Author, C. C. (Year). Title of web site. Retrieved Month Day, Year, from Organization Name, Specific Web Page: URL Woodford, R. (n. d. ). Successful practices for students with disabilities. Retrieved August 24, 2004, from US Department of Education, Improve Student Performance: http://www. ed. gov/teachers/how/tools/initiative/summerworkshop/lincolncounty/edlite-slide001. tml Stand-Alone Document Author, A. A. , Author, B. B. , & Author, C. C. (Year). Title of Web site. Retrieved Month Day, Year, from URL Black, C. (2011). Women and addiction: From Betty Ford to Amy Winehouse. Retrieved July 27, 2011, from http://www. psychologytoday. com/blog/the-many-faces-addiction/201107/women-and-addiction-betty-ford-amy-winehouse Stand-Alone Document, No Author or Date Title of page. (n. d. ). Retrieved Month Day, Year, from URL USA swimming. (n. d. ). Retrieved August 24, 2004, from http://www. usaswimming. org/usasweb/DesktopDefault. aspx

Roy Davidson s Death Of Pain - 1165 Words

Roy Davidson was thirty-one years old when he went to his doctor complaining of intense pain in his stomach. He was told that he had a severe case of bleeding ulcers and that surgery would only complicate the condition, causing extensive damage. Roy had to live with the pain. He slept with it, ate with it, worked with it, and changed his life to revolve around the ulcers. Eventually, quitting his job, he decided to go on a mission trip in Haiti. While in Haiti, Roy experienced the worst pain he had felt since receiving his diagnosis. The ulcers were so bad that he was not able to go to the worksite. His companions on the trip offered their prayers to Roy, but he declined, thinking that their simple prayers would not be enough to impede†¦show more content†¦Humans are wrong about a lot of the things. Roy was wrong when he dismissed the power of prayer. In Kathryn Schulz’s Being Wrong, she remarks that the scientific field â€Å"is littered with discarded theories† (9); the earth is not the center of the universe and nor is it flat. People are not always who we think they are and, despite some believing it to be impossible, sometimes the underdog prevails. There is an abundance of doubt and error to be encountered everyday. However, there are a few things that we are able to know with our whole being. Believing in something greater than the human race is something that Schulz’s wrongology cannot touch. It is evident to many, like Roy and myself, that God’s healing power is a whole-hearted, honest truth. Part of having faith is that you are able to believe in God without doubt, even when others do not. Although there is skepticism and disbelief by strangers, close friends, or even your own family, this belief must be strong enough that you can follow Him without needing the approval of other people. Facing the shortcomings of our own beliefs is something that Schulz preaches throughout Being Wrong. Knowing that something is true with complete faith, like the way that I believe in God, is not a feat that is easily accomplished. Faith can be instilled, but it must be something that eventually becomes self-evident. I was