Monday, February 17, 2020

Law report Essay Example | Topics and Well Written Essays - 750 words

Law report - Essay Example Complicating matters for the yacht owners and the master, Rule C goes on to state that: †¦Demurrage, loss of market, and any loss or damage sustained or expense incurred by reason of delay, whether on the voyage or subsequently, and any indirect loss whatsoever, shall not be allowed as general average (York-Antwerp Rules, Rule C). It is therefore clear, that neither the master nor the yacht’s owners may claim as general average acts, the damages sustained upon the master’s discharge of the ship. However, this does not preclude general average acts. It only means that damages for delay and damages related to lost charters are exempted from general average acts. The damages sustained to the ship during the discharge are recoverable because, although those damages were sustained after the salvage operations were conducted they can still be regarded as direct consequence of the salvage operations under Rule A of the Antwerp Rules, 2004. ... foresees that it is possible, â€Å"then the subsequent accident does not break the chain of causation† (Australian Coastal Shipping Commission v Green and Others, 357). In such a case, the subsequent accident is a direct consequence of the general average act and is claimable as a general average act. In this regard, having intended to carry the ship to Southampton, the master must have contemplated that a change in those plans, following a fire would have incurred the risk of subsequent accidents. This is particularly so when the ship was placed on dry dock, which was not a part of the original plans and certainly not in contemplation of the master. Now faced with the necessity of having to place a ship on an unplanned dry dock following a fire, the master must have reasonably foreseen that subsequent accidents were possible. Moreover, the yacht was placed on dry dock as a direct consequence of the fire damages incurred while on the original journey. Therefore, the damages s ustained in the course of continuing the rescue of the distressed ship was a continuation of the salvage operations and therefore the general average acts continued at that particular point. The owners may therefore claim general average acts in respect of the damages sustained during the master’s discharge. The master however, is unable to claim special damages in respect of delay and loss of earnings as a result of the delay. This is because the concept of general average arises out of the imposed duty for all parties with an interest in a general average act to contribute to the cost of salvaging a distressed ship. The law of general average acts function together with the law of salvage and â€Å"sue and labour† and culminate to regulate the act of â€Å"saving (Mukherjee, 22). It is possible for

Monday, February 3, 2020

Is the Quality Old Design Methods Better than Today's Essay

Is the Quality Old Design Methods Better than Today's - Essay Example This is because; the problems experienced today are by far too complex such that they can neither be solved by intuition nor can they be solved using traditional wisdom (Brand, 2005). Since design involves different tasks, it is necessary that different methods be incorporated. In earlier days before technology was incorporated in architectural design field, the industry practitioners used some elementary methods to facilitate the design process. As technology was adopted, these methods slowly faded away and as time went by, every practitioner became conversant with the new methods and from there henceforth, the new technological methods started dominating over the old methods (Brand, 2005). However, from the recent developments attributable to the new technological methods in design, a question tends to arise. Are they better in quality as compared to the preceding old methods? Therefore, this paper will aim at trying to answer the question concerning the quality of the old methods in design as compared to the current design methods, which have a technological aspect. Despite the fact the technology is ideal in every aspect of life if adopted, the older design methods, which did not entail technology, were meaningful and as such, they can be said to be of good quality than the contemporary methods (Brand, 2005). ... This method can be said of great quality as compared to the new technological design methods because, the knowledge obtained in such methods of design were practical (Hillis, 2008). Most of the contemporary design methods are largely theoretical and employ the practical notion very limitedly. For instance, in great cathedrals, the drawings therein were full size and as such, large sets of dividers used in older days design were widely used in setting out the masonry. Moreover, forms as well as shapes were psychologically developed in the minds of the craftsmen in a gradual way. Later, just before technology took reign, older designers were also making use small scale drawing. All these practical aspects of older design methods are used less in the contemporary design and this proves that the older methods are of more quality than the new (Hillis, 2008). In regard to the master as well as the apprentice system, the decisions concerning the design methods were based on the traditional grounds. As such, the design process was therefore done in special ways. The most precise reason for this is because; the processes had always been done within such ways. This is indeed absent in the new technological design methods. The older design methods such as apprenticeship could be used for anything, from building to ships. Today, there is a range of design methods and each method is used for a particular product (Hillis, 2008). Even today, admiration for the traditional products attributable to the old methods used in design can still be depicted from the people and as such, the admiration continues growing. This therefore is supposed to mean that the quality attributable to