New Jersey Maritime Law Forms - Charter Agreement

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Maritime Laws FAQ

What is maritime law? 

Maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics associated with this field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an aspect of maritime law.

What laws govern maritime law? 

The courts and Congress seek to create a uniform body of maritime law both nationally and internationally in order to facilitate commerce. The federal courts derive their exclusive jurisdiction over this field from the Judiciary Act of 1789 and from Article III, § 2 of the U.S. Constitution. Congress regulates admiralty partially through the Commerce Clause. American admiralty law formerly applied only to American tidal waters. It now extends to any waters navigable within the United States for interstate or foreign commerce. In such waters admiralty jurisdiction includes maritime matters not involving interstate commerce, including recreational boating. The Jones Act, passed by Congress in 1970, is legislation that specifically covers the legal rights of workers at sea. New rules and regulations are always being modified in admiralty law

Under admiralty, the ship's flag determines the source of law. For example, a ship flying the American flag in the Persian Gulf would be subject to American admiralty law; and a ship flying a French flag in American waters will be subject to French admiralty law. This also applies to criminal law governing the ship's crew. But the ship flying the flag must have substantive contacts with the nation of its flag in order for the law of the flag to apply. American courts may refuse jurisdiction where it would involve applying the law of another country, although in general international law does seek uniformity in maritime law.


What Is a Sales Agreement?

A sales agreement is a legally binding document that outlines the terms and conditions of a sale between a buyer and a seller. It is designed to protect the rights and obligations of both parties involved in the transaction. In New Jersey, a sales agreement is particularly important as it helps to ensure that all parties are on the same page regarding the purchase or sale of a property or any goods or services. It includes information such as the price, payment terms, delivery details, and any warranties or guarantees. By having a sales agreement in place, individuals in New Jersey can have peace of mind knowing that their rights are protected and that the terms of the sale are clearly defined.


Types of Goods in a Contract of Sale

In a contract of sale, there are two main types of goods: tangible goods and intangible goods. Tangible goods are physical items that can be touched and seen, such as a car, furniture, or clothes. Intangible goods, on the other hand, are non-physical items that cannot be touched, like patents, copyrights, or intellectual property. In New Jersey, the law recognizes and protects both types of goods in a contract of sale. Whether you are buying a physical item or obtaining rights to intangible assets, it's important to understand the terms and conditions outlined in the contract to ensure a fair and legally binding agreement.


Warranties in Sales Agreements

In New Jersey, warranties are important parts of sales agreements. A warranty is a promise made by the seller to the buyer about the quality and condition of the product being sold. It ensures that the buyer can rely on the product to perform as expected. Warranties can be written or verbal, but it is always recommended having them in writing to avoid any misunderstandings. In New Jersey, there are both implied and express warranties. Implied warranties automatically apply to sales unless they are explicitly disclaimed, while express warranties are explicitly stated by the seller. It is essential for both buyers and sellers to understand the warranties included in their sales agreements to protect their rights and ensure a fair transaction.


What Is Risk of Loss?

The term "risk of loss" refers to the possibility that someone may suffer the financial or physical loss of something they own. In the context of New Jersey, it means that if you own something, and it gets damaged, destroyed, or stolen, you could end up bearing the burden of that loss. This could happen regardless of whether you are a business owner or an individual. Understanding the risk of loss is important because it helps protect your assets and ensures you make informed decisions when it comes to insurance, contracts, and liabilities.


Rights and Duties of Buyer and Seller

In New Jersey, both buyers and sellers have certain rights and duties when engaged in a transaction. As a buyer, you have the right to receive honest and accurate information about the property you are interested in. You also have the right to be treated fairly and not be discriminated against based on factors like race, religion, or disability. It is your duty as a buyer to conduct thorough inspections and investigations to ensure the property meets your requirements. On the other hand, sellers have the right to receive a fair and reasonable offer for their property. They also have the right to be informed of any defects or issues with the property. As a seller, it is your duty to disclose any known material defects and not misrepresent any information about the property. Both buyers and sellers have the right to be represented by a real estate agent or attorney who can guide them through the process and protect their interests.