Article by Michael A. Snyder
Substantial damages often result when vessels collide with one another or allide with fixed structures. The purposes of this Article are to promote uniformity in the law and to supply the reader with knowledge sufficient to estimate recoverable damages to a degree of accuracy such that damages issues may be stipulated rather than litigated. Case examples are utilized to elucidate the principles to be applied in determining the quantum of damages to be allowed or withheld, as the case may be, in a wide variety of circumstances. The spectrum includes total and constructive total losses, repairable vessels and structures, valuation of marketable and unique vessels, estimated repairs, concurrent repairs, depreciation, betterment, and allocation of damages attributable to multiple and unrelated causes. The author suggests the abandonment of the “new for old” analysis and its replacement with a uniform rule of betterment. American and Canadian principles applicable to loss of use are examined and contrasted. The Article also explores the doctrine of avoidable consequences, the importance of marine surveyors, and the occasions for minimum evaluation of vessels.
About the Author
Michael A. Snyder. Partner, Ray, Robinson, Carle, Davies & Snyder, Chicago. B.S. 1960, United States Merchant Marine Academy; J.D. 1968, The John Marshall Law School.
Citation
72 Tul. L. Rev. 881 (1997)