Explore BrainMass

Explore BrainMass

    The Legal Environment

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    All ships owned by Denise's Enterprise Corp. (DE Co.) are flagged in the Bahamas and Liberia. The "flag of convenience" rules have both public law and private law implications. Private law comes into play in the employer-employee, passenger contract, and cargo contract obligations of the ship. Public law also interfaces with these rules in that ships and companies pick and choose flags of convenience for individual ships based upon liability concerns such as negligence, contractual, labor, customs, immigration, and/or environmental laws.
    The "flag of convenience" arrangement, also known as foreign registries, offered by the Bahamas, Liberia, Panama and other countries, permit ship owners to avoid most of the wage and labor laws of the United States. A ship is subject to liability as if it were "within" the country whose flag it flies. Denise's Enterprise Co. (DE Co.) passenger tickets and contracts also make reference to this fact that all claims by passengers or employees must be litigated in and under the law of the country whose flag the ship in question flies.
    Mr. and Mrs. Lowell were passengers on one of DE Co. smaller cruise ships, The Minnow, for a weeklong journey from Miami, with stops in Nassau, Key West, and Grand Cayman. The Minnow flies the flag of Liberia. One night during the cruise, the Howells returned to their cabin and find two ship employees removing cash and Mrs. Lowell's jewelry from the ship-provided safe. Mr. Lowell struggled with the men, but he collapsed and suffered a fatal heart attack. Mrs. Lowell was locked inside the cabin restroom and the robbers escaped. A few hours later, the ship docked in Grand Cayman, and the two robbers left the ship with the cash and jewelry stolen from the Lowell's safe; the robbers did not return to the ship. Mrs. Lowell was rescued several hours after the ship left Grand Cayman and identified the two employees in a photo lineup.
    The day after her return to Miami, Mrs. Lowell's attorney faxed this DE Co. a letter threatening to sue them for negligent supervision, training, and hiring of employees; breach of contract; infliction of emotional distress; assault; battery; theft; and wrongful death unless this certain company tendered the sum of $10 Million dollars within 10 business days.
    Assume that under Liberian law, a wife is the property of the husband and has no standing to sue or claim damages for his injuries, and further that any property within the possession of Husband and Wife is deemed to be the sole property of the husband.
    Discuss the public law and private law ramifications for this DE Co. in this situation. How would the legalities be different if the incident happened at a DE Co. resort on the US mainland? What DE Co. do for Mrs. Lowell, and in terms of developing policies for future criminal incidents?

    © BrainMass Inc. brainmass.com June 3, 2020, 6:37 pm ad1c9bdddf
    https://brainmass.com/business/business-law/the-legal-environment-68422

    Solution Preview

    Discuss the public law and private law ramifications for this DE Co. in this situation. How would the legalities be different if the incident happened at a DE Co. resort on the US mainland? What DE Co. do for Mrs. Lowell, and in terms of developing policies for future criminal incidents?

    Under international law, the flag state has the primary responsibility to ensure the ship on the high seas abides by all international rules and regulations and apply jurisdictions. Thus in the first case, she could sue the owner of the ship in ...

    Solution Summary

    Discuss the public law and private law ramifications for this DE Co. in this situation.

    $2.19

    ADVERTISEMENT