maritime contract

The boundaries of admiralty jurisdiction over contracts—as opposed to torts or crimes—being conceptual rather than spatial. The principle by reference to which cases are supposed to fall on one side of the line or the other is an exceedingly broad one: 'The only question is whether the transaction relates to ships and vessels, masters and mariners, as the agents of commerce.' Without doubt a contract for hire either of a ship or of the sailors and officers to man her is within the admiralty jurisdiction; oral contracts are generally regarded as valid by maritime law.

One which relates to the business of navigation upon the sea, or to business appertaining to commerce or navigation to be transacted or done upon the sea, or in seaports, and over which courts of admiralty have jurisdiction concurrent with the courts of common law. Such contracts, according to the civilians, for services in building, repairing, supplying, and navigating ships, contracts respecting averages, jettisons, etc. In an early opinion by Story, J., these views were generally adopted (2 Gall. [U. S.] 398), but it has been since held that the contract for building a vessel is not a maritime contract. (20 How. [U. S.] 393: 22 How. [U. S.] 129).

One which relates to the business of navigation upon the sea, or to business appertaining to commerce or navigation to be transacted or done upon the sea, or in sea-ports, and over which courts of admiralty have jurisdiction concurrent with the courts of common law. Such contracts, according to civilians and jurists, Include, among others, charter-parties, bills of lading, and other contracts of affreightment, marine hypothecations, contracts for maritime service in building, repairing, supplying, and navigating ships or vessels, contracts and quasi contracts respecting averages, contributions, and jettisons. See De Lovio v. Bolt, 2 Gall. 398, Fed. Gas. No. 3,776, where Judge Story gave a very elaborate opinion on the subject; Hale v. Ins. Go., 2 Sto. 176, Fed. Gas. No. 5,910; Gloucester Ins. Go. V. Younger, 2 Gurt. G. G. 322, Fed. Gas. No. 5,487; Gutler v. Rae, 7 How. (U. S.) 729, 12 L. Ed. 890. The contract for building a vessel is not a maritime contract; Roach v. Ghapman, 22 How. (U. S.) 129, 10 L. Ed. 294; contra, 21 Law Rep. 281. The fact that contracts of affreightment are personal contracts between the shipper and ship owner does not prevent them from being maritime contracts on which a libel in rem against the ship may be maintained; The Queen of the Paciflc, 01 I'ed. 213, 800. See Maritime Gause; Admiraltt.

A contract whose subject-matter has relation to the navigation of the seas or to trade or commerce to be conducted by navigation or to be done upon the sea or in ports. Over such contracte the admiralty has concurrent jurisdiction with the common-law courts. Edwards v. Elliott, 2l Wall. 553, 22 In Ed. 487; Doolittle v. Knobe-loch (D. C.) 39 Fed. 40; Holt v. Cummings, 102 Pa. 215, 48 Am. Rep. 199; De Lovio v. Boit, 7 Fed. Cas. 435; Freights of The Kate (D. C.) 63 Fed. 720.

Defined under Maritime in Black's Law Dictionary.

A contract whose subject-matter has relation to the nayigation of the seas or to trade or commerce to be conducted by navigation or to be done upon the sea or in ports. Over such contracts the admiralty has concurrent jurisdic tion with the common-law courts,