Law of Recreational boating

FOREWORD
PREFACE
ACKNOWLEDGMENTS
INTRODUCTION

I. BUYING THE BOAT
Applicable Law
Forms of Ownership
New Boats
Warranties
Used Boats
“As Is”
The “As Is” Buyer’s Dilemma
Maritime Liens: The Hidden Danger
Title
Title Warranty
Title Due Diligence
The Stolen Boat
Title Document Not Conclusive
The Closing

II. DOCUMENTATION, REGISTRATION, AND FOREIGN FLAGS
Coast Guard Documentation
Boat Size Requirement
Citizenship and Origin Requirement
Application Requirements and Procedures
Marking Requirements
The Preferred Mortgage Feature
State Registration and Titling
Foreign Yacht Registries
Quality and Reputation
Confidentiality
Fees, Taxes, and Administration
Manning, Chartering, and Cruising Permits

III. MARINAS, YACHT CLUBS, AND BOATYARDS
Applicable Law
Sheepdogs and Sea Strainer Caps
Negligence
Warranty of Workmanlike Performance
Bailment
Safe-Berth Obligation
Dockage Agreements
Exculpatory Clauses
Repairs
Repair Agreement Is a Maritime Contract
Red-Letter Clauses
Insurance and Indemnity Clauses: A Trap for the Unwary
Hurricanes and Other Acts of God
Wake Damage

IV. MARINE INSURANCE
History
Overview of Marine Insurance Law in the US
Applying for Insurance: Boater Beware
The Ubberimae Fidei Doctrine
Renewal Disclosures
Policy Waiver Rule
Exceptions and Future of the Rule
Policy Types
Agreed Value vs. Actual Cash Value
Brokers and Agents
Navigational-Limits Warranty
The Operator Warranty
The Layup Warranty
The Racing Exclusion
All-Risks vs. Named-Perils Coverage
The Inchmaree Clause: Latent Defect vs. Wear and Tear
The Implied Warranty of Seaworthiness
Making a Claim: Time Bars and Notice Deadlines
Time Bar
Notice of Loss
Insurer’s Bad Faith
Overview
Uberrimae Fidei: A Two-Way Street, but Not Really
Attorney Fees under Maritime Law
State Law Remedies
Bad-Faith Claims-Handling Practices - What Are They?
Choice of Law
Insurance Fraud

V. SALVAGE
What Is Salvage?
Marine Peril
Services Voluntarily Rendered
Successful Recovery
Salvage Agreements
LOF
MARSALV
BoatUS Salvage Contract
How Is a Salvage Award Determined?
Who Can Be a Salvor?
Who Is Liable for Payment of a Salvage Award?
Navigable Waters and Salvage
The Negligent Salvor
The Vulture Salvor
Prepaid Plans
The Salvor’s Lien
Life Salvage
Salvage and Insurance

VI. REGULATORY AND CRIMINAL LAW
Searches
The Document and Safety Inspection
US Customs Inspection
Failure to Heave To
Forfeiture
Operator Qualifications and Licensing
Alcohol
Pollution
Sewage and Waste
Discharges
Garbage
Aquatic Invasive Species
Wildlife Protection Laws
When an Accident Happens
Duty to Stand By
Accident Reports
Investigation
Firearms Onboard
Same-State Operation
Operation between States
Cruising to Foreign Ports
Recklessness and Manslaughter
Wreck Removal
False Distress Calls

VII. CHARTER PARTIES
Types of Charter Parties
Time Charter
Bareboat Charter
General Legal Principles
Contract Formation
Implied Warranty of Seaworthiness
Cancellation
Hire Payments
Owner’s Duty to Mitigate Damages
Redelivery
Special Issues in Yacht Chartering
Duty to Warn
Maritime Liens
Bareboat Charter Pitfalls
Insurance Issues
Six Packs and Twelve Packs
Personal Watercraft Rentals

VIII. LITIGATION
Maritime Law Subject Matter Jurisdiction
Origins of Maritime Jurisdiction in the US
Recreational Boating Enters the Stage
The Contours of Pleasure-Boat Maritime Jurisdiction Today
Navigable Waters
Contracts Maritime Jurisdiction
Is It a “Vessel”? Three Men in a Tub
The Saving-to-Suitors Clause
Limitation of Liability
The Statute
Does It Apply to Pleasure Craft?
Independent Basis for Maritime Jurisdiction Required
The Procedure
Exempt Claims
The Six-Month Deadline
Parties Entitled to Assert Limitation
The Privity or Knowledge Hurdle
Rule C: The In Rem Action
Rule B: The Writ of Foreign Attachment
Collision
Liability Analysis
Presumptions: The Pennsylvania, Oregon, and Louisiana Rules
Potential Defendants
Yacht Races
Damages
The Conqueror Rule
Robins Dry Dock Rule
East River Doctrine
Evidence: Dos and Don’ts
Evidence Gathering and Preservation
Statements
Common Mistakes: Electronically Stored Information
Common Mistakes: Spoliation

BIBILIOGRAPHY
INDEX
NOTES
APPENDIX A: SALE DOCUMENTS
APPENDIX B: DOCUMENTATION/REGISTRATION
APPENDIX C: SALVAGE AGREEMENTS
APPENDIX D: REGULATORY DOCUMENTS
APPENDIX E: CHARTER OPERATIONS
APPENDIX F: NAVIGATION RULE SUMMARY