Издание на английском языке
Because of the historical importance of shipping to the UK, the legal concept of the ownership of a vessel, and the mechanism of recording this, has developed differently to the law of ownership of objects or ‘chattels’ in general.
Contents
1 Yacht ownership and registration
British Ships and their registration
The Requirement to be Registered
Part I Registration
Part III Registration
Joint Ownership, Part Ownership and Beneficial Ownership
2 Buying and selling a yacht
Agreement for sale
Terms of the agreement
Misrepresentations
RYA Standard form agreement
Buying abroad (non EU territory)
Buying abroad (EU territory)
Buying through a broker
Buying privately
Surveys
Lloyds Surveys
Construction of a new craft
Sale of a stock boat
Deposits and part payments
Bankruptcy of the builder
Acceptance trials Repair and conversion
Selling through a broker
Dealing with the money
3 Yacht insurance
Insurable interest and value of the vessel
Proposal form
Period of validity
Third party only insurance
Basic principles of marine insurance
The terms of the policy
Coverage of the policy
Territorial limits of insurance
Risks covered in marine policies
The perils of the sea
Risks of launching
Fire risks
Theft and wilful damage
Preventative measures
Exemptions
Sails
Lack of due diligence
Excess
Racing risks
Insured value
Chartering
Third party insurance/Limitation of liability
Claims
Appointment of surveyor
Disputed claims
Payment of the claim
4 Consumer protection
Introduction
The contract
Repair and conversion
Consumer protection afforded by the law
Sale of Goods Acts 1979 / 1994
Misrepresentation Act 1967
Trade Description Act 1968
Unfair Contract Terms Act 1977
European Directive on Unfair Contract Terms 1993
Supply of Goods and Services Act 1979
Consumer Protection Act 1987
Resolution of disputes
County Court
High Court
Private Arbitration
Damages
5 Liability to others
Principles of liability in collision cases
Measure of property damage
Personal injury and death
Liability in the teaching of sailing
Employer’s liability
Voluntary instructors
Adult pupil
Young pupils
Insurance of a club boat for teaching
Liability of individual race officers
Defences to negligence
Non-liability
No duty of care
No breach of duty
No damage
Volenti non fit injuria
Contributory negligence
Act of God
Inevitable accident
Limitation of liability
Jurisdiction of court
Time limits
Deliberate Acts
6 Salvage, towage and loss of property at sea
Introduction and definitions
No cure - No pay
Danger
Salvage services
Inland waters
Salvage of life
Towage services
A tug owners responsibilities
Salvage and the public services
Salvage awards
Lien
Salvage agreements
Damage by salvagers
Contracts made under stress
A simple form of salvage agreement
7 Lien and arrest
Lien
Arrest of ships
8 Public rights of navigation
Coastal and tidal waters
Methods of dispossession
A landowners right to claim rent
Consents required for laying a mooring in tidal waters
Department of Transport
Crown Estate Commissioners
Planning Authorities
Harbours and marinas
Restrictions on the public right of navigation
Ministry of Defence
Harbour authorities
Queen’s Harbour Masters
English Nature
Oyster fisheries
Public rights of navigation on non-tidal waters
Parking of boats in gardens
9 Marinas and yacht harbours
Selling your yacht in a marina
Work on the yacht in a marina
Subletting
RYA Marina Berthholders’ Charter
10 Rating of individual moorings
11 Trailing in the UK
General duty to make loads and projections safe
Insurance
Length restrictions
Width restrictions
Height restrictions
Front and rear overhangs
Weight restrictions
Brakes
Tyres
Suspension, bearings, mudguards, registration plate
Lighting
Use of trailers on the road
12 Documentation for trailing abroad
Personal
Passport
International
Certificate of Competence
Insurance
Vehicle
Trailer
Boat
Registration
Customs documents
Insurance
13 A summary of statute law affecting pleasure craft
Pleasure yachts in commercial use
Passengers
Pleasure yachts used entirely for private purposes
Pleasure yachts let on charter
Powers of district councils to licence vessels
Club launches
Teaching establishments
British Waterways Board and other inland navigations
Boatman’s Licences
Log books
14 Reporting to customs on departure and arrival
15 Сhartering
16 International shipping conventions
Appendix 1. Agreement for the sale of a second-hand yacht
Appendix 2. Agreement for the bareboat charter of a pleasure craft
Appendix 3. Agreement for the syndicate ownership of a yacht