翻訳と辞書 |
Seaman status in United States admiralty law : ウィキペディア英語版 | Seaman status in United States admiralty law
The status of a seaman in admiralty law provides maritime workers with protections such as payment of wages, working conditions, and remedies for workplace injuries under the Merchant Marine Act of 1920 (Jones Act), and the doctrines of "unseaworthiness," and "maintenance and cure."〔Frank L. Maraist, Thomas C. Galligan, Jr., Catherine M. Maraist, ''Cases and Materials on Maritime Law,''West 2003, 347.〕 Each of these remedies have the same criteria for the status of "seaman."〔David W. Robertson, Steven F. Friedell, and Michael F. Sturley, Admiralty and Maritime Law in the United States, (2001), 240.〕 Having the status of "seaman" provides maritime employees with benefits that are not available to those without the status. However, the determination of who is a "seaman" is complex. ==History== The term "seaman" has been used in admiralty law for centuries. U.S. courts have continued to narrow the definition of the term and the remedies available to those with the status through their rulings over that time. The Supreme Court notably tried to summarize the remedies available to those with the status in 'The Osceola',〔189 U.S. 158 (1903).〕 The court codified the maintenance and cure and unseaworthiness remedies, but their ruling on remedies involving negligence did not go over well with Congress. The court stated that seamen cannot recover for injuries caused by the negligence of another crewmember and that they are "not allowed to recover an indemnity for the negligence of the master, or any member of the crew."〔Id., at 175.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Seaman status in United States admiralty law」の詳細全文を読む
スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|