Deliverable Length: 850-1200 words Details: All ships owned by your Logistics and Services company are flagged in the Bahamas and Liberia. The "flag of convenience" rules have both public law and private law implications. Private law comes into play in the employer-employee, passenger contract, and cargo contract obligations of the ship. Public law also interfaces with these rules in that companies will pick and choose flags of convenience for individual ships based upon liability concerns such as negligence, contractual, labor, customs, immigration, and/or environmental laws. The flag of convenience arrangement, also known as foreign registries, offered by the Bahamas, Liberia, Panama, and other countries permits ship owners to avoid most of the wage and labor laws of the United States. A ship is subject to liability as if it were "within" the country whose flag it flies. Logistics and Services company passenger tickets and contracts also make reference to this fact that all claims by passengers or employees must be litigated in and under the law of the country whose flag the ship in question flies. Mr. and Mrs. Lowell were passengers on one of your company's smaller cruise ships, The Minnow, for a week-long journey from Miami, with stops in Nassau, Key West, Grand Cayman, and Puerto Rico. The Minnow flies the flag of Liberia. One night during the cruise, the Lowell's returned to their cabin and found two ship employees removing cash, jewelry, and Mr. Lowell's laptop computer from the ship-provided safe. Mr. Lowell struggled with the men, but he collapsed and suffered several severe injuries. Mr. and Mrs. Lowell were locked inside the cabin restroom, and the robbers escaped. A few hours later, the ship docked in Puerto Rico, and the two robbers left the ship with the cash, jewelry, and laptop stolen from the Lowell's safe; the robbers did not return to the ship. Mr. and Mrs. Lowell were rescued several hours after the ship left Puerto Rico for Grand Cayman and identified the two employees in a photo lineup. The laptop contains proprietary company information and customer listings. Mr. Lowell was hospitalized in Puerto Rico before being returned to the United States at the Logistics and Services company?s expense. The day after her return to Miami, Mrs. Lowell's attorney faxed your company a letter threatening to sue it for negligent supervision, training, and hiring of employees; breach of contract; infliction of emotional distress; assault; battery; theft; loss of proprietary corporate information; and wrongful injury death unless the company tendered the sum of $12.5 million within 15 business days. Assume that under Liberian law, a wife is the property of the husband and has no standing to sue or claim damages for his injuries, and further that any property within the possession of husband and wife is deemed to be the sole property of the husband. Identify and discuss the public law and private law ramifications for the Logistics and Services company in this situation. How would the legalities be different if the incident happened at a Logistics and Services company resort on the U.S. mainland? What should the Logistics and Services company do for Mrs. Lowell and in terms of developing policies for future criminal incidents?
Paper#14061 | Written in 18-Jul-2015Price : $25