Nursing Theorist - 1222 Words

Nursing Theorist: Betty Neuman Nursing Theorist: Betty Neuman Intro Nursing theories are the basic concepts that define nursing practice and provide the explanation to why nurses do what they do. Nurses are exposed to theories everyday in clinical practice. During any given day, a nurse will utilize multiple nursing theories. These theories guide how a nurse treats patients, how tasks are performed, assessments completed and interventions established. By studying nursing theory, it allows the nurse to sharpen critical thinking skills. One such theorist is Betty Neuman. Betty Neuman Educational background and career path Used widely in today’s nursing, Betty Neuman began developing her system many years ago. In 1947 she†¦show more content†¦One of the goals is to increase the prevention behaviors in persons at high risk for diabetes with pre-diabetes. Three of the goals the healthy people initiative will be measuring are: increasing the patient’s physical activity levels, decreasing the fat and calories in the patient’s diet, and trying to increase the proportion of patient’s trying to lose weight. (Healthy people 2020, â€Å"n.d.†, Diabetes D-16) As the nurse considers interventions and goals, there are many factors to consider. The patient’s education level, access to care, family support, spiritual support, and willingness to accept the diagnosis will greatly affect the outcome. Increasing the prevention behaviors for those at risk for diabetes affects society as a whole and individually when looking at the client system. Nurses can help the pati ent to identify stressors that may impact their ability to meet the goals. The primary prevention as intervention increases the highest point of health for the patient at this time. The patient can collaborate with nursing and dieticians to help reduce the fat and calories in their diet. This diet plan would also allow the patient to lose weight. The patient would also need to have a list of physical activities that they are willing to participate in. At first the patient may need to be monitored more frequently to monitor adherence to the plan and measure the plan’s effectiveness. There will be closeShow MoreRelatedNursing Theorists979 Words   |  4 Pageshead: Nursing Theorists Nusing theorists Abstract â€Å"Nursing theorists are the men and women in the nursing field who develop models of nursing. Often, they dont set out to develop a nursing theory, instead, they simply want to help improve nursing care for their patients, and the theory develops as a result. Once a method is established as a theory or model of nursing, it is integrated into the practice of nursing, as well as added to the study of nursing.† Nursing Theorists Nursing theoryRead MoreNursing Theorists1257 Words   |  6 PagesA BRIEF STUDY OF NURSING THEORIES ACCORDING TO FLORENCE NIGHTINGALE, JEAN WATSON AND MADELEINE LEININGER TOLULOPE ADEDIWURA MINOT STATE UNIVERSITY ABSTRACT Nursing as a profession is based on concrete (scientific, philosophical, behavioral, social, and humanities among others), concepts and theories by past and current nursing theorists. These theorists have helped shape the profession from 19th century till date. New theories are emerging due to advance in health care, as off-shoot of previousRead MoreNursing Theorists1749 Words   |  7 PagesNursing Theorist Timothy Mack University of Phoenix Theories and Models of Nursing Practice NUR/403 Judith Mc Leod July 25, 2010 Nursing Theorist The theorist that I have chosen is Dorothea Orem. This theory describes the role of nursing in helping a patient’s who can no longer care for themselves (Mosby, 2009). The theory is divided into three parts; universal, developmental, and health deviation. Orem’s Theory The universal portion of Orem’s theory consists of the self care that aRead MoreNursing Theorists702 Words   |  3 PagesESTRIN LEVINE NUR-240 Professional Transitions June 7, 2011 Myra Estrin Levine is known as a Nursing theorist for creating â€Å"The Conservation Model†. Levine obtained a diploma in 1944 and attained her B.S in 1949 and completed M.S.N in 1962 from Wayne State University. She served as a consultant to hospitals and schools of nursing. She also provided a teaching structure for medical-surgical nursing and established â€Å"The Four Conservation Principles†. â€Å"She explicitly linked health to the processRead MoreNursing Theorists1685 Words   |  7 PagesNursing Theorists 1. Florence Nightingale - Environment theory 2. Hildegard Peplau - Interpersonal theory 3. Virginia Henderson - Need Theory 4. Fay Abdella - Twenty One Nursing Problems 5. Ida Jean Orlando - Nursing Process theory 6. Dorothy Johnson - System model 7. Martha Rogers -Unitary Human beings 8. Dorothea Orem - Self-care theory 9. Imogene King - Goal Attainment theory 10. Betty Neuman - System model 11. Sister Calista Roy - AdaptationRead MoreGrand Nursing Theorist1361 Words   |  6 PagesGrand Nursing Theorist Assignment # 2 Grand Nursing Theorist Assignment # 2 Descriptive Analysis For this assignment, I chose to study grand nursing theorist Dorothy Orem and the nursing concept she introduced, the self-care deficit theory (also known as the Orem model of nursing). I chose to study Dorothy Orem because she is well known in Indiana, the state in which I reside. Orem’s grand nursing theory â€Å"was developed between 1959 and 2001†¦[and] is particularly used in rehabilitation andRead MoreThe Nursing Theory And Theorist1199 Words   |  5 PagesD. Nursing Theory and Theorist â€Å"From Novice to Expert†, the nursing theory by Patricia Benner, is probably the easiest theory of all to understand. One of Benner’s messages is that a well-rounded professional does not miss out on opportunities to learn from life as well as in nursing school and in the nursing practice. In her theory Benner describes the 5 stages of nursing experience beginning with novice and moving up to the final stage of expert. She describes how every stage builds on and isRead MoreNursing Theorist Grid722 Words   |  3 PagesNursing Theorist Grid 1. Theorist Selected: Jean Watson 2. Description of key points of the theory: †¢ In Watson’s philosophy of human caring she developed carative factors. She uses the word carative to classify nursing and medicine. The carative factors aim at the caring process. There are 10 carative factors each one involving a lived experience from all involved in the relationship, including the nurse. †¢ Watson described a need for transpersonal caring relationship. This is definedRead MoreNursing Theorist Assignment1789 Words   |  8 PagesNursing Theorist Assignment Allison M Wood, RN NUR/403 March 12, 2012 Shoni Davis, RN DNSc Nursing Theorist Assignment Sister Callista Roy developed the Adaptation Model of Nursing in 1976 after becoming concerned of the importance of relating the characteristics of nursing to the community. This interest encouraged her to begin developing the model with the purpose of nursing being to support adaptation. Roy began organizing her nursing theory as she developed curriculum for nursing studentsRead MoreBetty Neum Nursing Theorist1587 Words   |  7 PagesBetty Neuman: Nursing Theorist Beth Anne Bonetti NSG 301 October 7, 2014 Summer Huntley-Dale MSN, RN Betty Neuman: Nursing Theorist Development of the Neuman Systems Model Betty Neuman received her nursing diploma from Peoples Hospital School of Nursing in Akron, Ohio in 1947. After earning her RN, she moved to California and gained experience in a number of different nursing positions including staff nurse, head nurse, school nurse, industrial nurse, and clinical instructor at the University

The 5-Minute Rule for Problem/solution Essay Topics

The 5-Minute Rule for Problem/solution Essay Topics The Problem/solution Essay Topics Stories Your problem solution essay sample will probably have errors after you've written it, you ought not worry about where you are able to take it for correction. Your essay is all but ready! Since you may see, the problem-solution essay is really simple when you know its basic elements. The problem solution essay is similar to any other you've written it has different sections. You want readers to recognize the urgency of the issue and why it should be solved. Every one of them is given with a particular aim. Among the fantastic things about problem solution essays is they have a fairly clear structure. If you own a topic provided already, click the order now button to file your request. After stating the issue, you then need to provide a solution to the issue. At length, you have to pick the solution that will be absolutely the most effective for the issue. You should present the issue, identify why it's vital, describe your solution and explain why it's the best one. Since the issue is global is scale, the solution also has to be global. Its key purpose is to help the reader to comprehend what your paper will be about. The hardest task is to locate a great topic for your essay. Adhering to the ideas on how to compose a problem solution essay, you will have the ability to craft a brilliant work. All you will need is a simple topic. Topic selection is very important if writing a problem-reducing essay. Writing a report isn't simple, particularly if you are writing it for the very first time or writing on a new and challenging topic. It's possible for you to take my online IELTS Writing Practice Test anywhere on earth and find a score, corrections, and feedback in only two days. Hence, you've been provided with the simplest topic for problem solution essays, you can decide on any on of the above mentioned and begin writing your essay very quickly. Permit the plan steer you on how you should compose your essay. To offer you a concept of the way the essay ought to be written you need to go through our problem solution essay example and find out how it's been written. A problem-solution essay is a sort of argument. The argument in terms of child nutritional troubles, particularly being overweight, can be managed. Another remedy is to modify our perceptions and attitudes towards the sort of cities, we'd like to stay in and which type of modes of transport we should utilize. Consider if the problems are addressed without needing to spend a lot also. You merely need a few problems as remember you don't have a lot of time and you want to spell out the issues. Future results of the problem can be utilized as leverage for the call to action. The degree of the problem also has to be described, and the impacts of the issue and potential consequences of letting the problem to continue unsolved. It should be clearly defined, and the causes of the problem should be identified if possible. Another important problem is the development of internet fraud and hacking. The Problem/solution Essay Topics Game If you're feeling puzzled and confused not knowing what things to write about, have a peek at the most eye-catching issue and solution essay topics. If you don't have a thing to write about in regards to your essay it's an issue. After you've chosen a topic, describe the issue in detail. Whenever you have so many topics to speak about, choose what you're passionate about and it's going to be super-easy that you develop a considerable argument for it. You should think of a notion and offer some evidence. The collection of the topic ought to be based on your interest because it's essential that you maintain your interest throughout the technology essays writing. For instance, pornography sites may be accessible to them since they can register with a website and claim to be an adult. The exact same can act as problem solution speech topic ideas. A problem solution essay seems to be something which not only college students may get assigned. Students face a lot of relationship troubles. Every student needs to be expected to spend a minumum of one semester abroad to promote tolerance. Of course, he can choose from a wide range of topics.

Ship Masters Business Free Essays

string(140) " of unseaworthiness the burden of proof of due diligence should be on the carrier or the other person claming exemption under this article\." Introduction As per this scenario own vessel was on a voyage charter,if on a voyage charter the ship owner provides the charter party with details of ship particulars,capacity and Registry. The ship shall proceed with reasonable dispatch.Vessel shall proceed with Reasonable dispatch,after this the owner shall undertake to carry the cargo destination. We will write a custom essay sample on Ship Masters Business or any similar topic only for you Order Now A list of expected perils. The charter agrees to pay freight and provides full cargo,as per voyage charterer if the vessel does not arrives at a certain Port on a certain day ,the cancelling clause gives the charter the full right for cancelling the contract. Own vessel loaded a cargo of high grade steel pipes,On loading some steel appeared to be rusty.None of the concerned parties appointed a surveyor. Own vessel also accepted a letter of indemnity from the seller and signed a clean ‘Bill of Lading’(BOL).A clean BOL means that contains no positive defective condition ,The importance of BOL is it is an evidence of contract and it is a receipt of goods carried. It is the duty of master to check cargo practically as stated in the BOL and if it mets the criteria as stated then he should sign the BOL. By signing a bill of lading without checking the cargo the Master has become to party of fraud,Due to this no claim will be covered by the PI,In this case Master should have signed a CLAUSED BOL.Its a BOL that contains a positive notation of a defective condition of the cargo covered,material ,of its packaging Own Vessel sailed out with faulty Navigational equipment(RADAR)and this fault was aware to the Master and also the company.this showed that the Master of own vessel did not exercise due-deligence to make the vessel sea worthy and sailed out for Sea with faulty navigational equipment,which lead to a collision with the container vessel. Due-diligence means all efforts should be made ,So that the vessel meets all the requirements to make the vessel seaworthy. To meet these requirements the vessel shall be properly manned and should have qualified , competent and well trained staff on Board.Ensure that the vessel can proceed to sea without any harm or danger to the Personnel,Property or Marine environment. Ensure that the vessel carries all the necessary equipment as per SOLAS regulations. Also the Equipment, Cargo,Hatches is well maintained and in good condition.Cargo shall be looked and maintained on board until it is finally discharged.This will ensure that the Master and the company has exercised Due-diligence. The container vessel which had sailed out in a seaworthy condition,this vessel was complying with SOLAS regulations and H-V rules when she sailed out for sea.But a day before the collision the vessel was short manned as 2nd officer was Medically evacuated due to serious injury and rest all officers were working short handed,This lead to short manning which eventually caused fatigue to its officers and thereby breached SOLAS regulationsThis made the container vessel unseaworthy at the time of collision. But the MCA Guidelines (MSN 1778 (M)),allows a vessel to sail for shorter voyage ,if in incase of emergency ,in the case of short manning ,on a condition that the remaining officers on board are not undergoing through stress or fatigue,due to short manning and also the ILO guidelines of work are observed(ILO guideline 174),in this case the owner of the vessel could be had liable ,if apart from breaching SOLAS regulations,the guidelines from MCA has not been followed. Apart from these liabilities ,that has caused by the vessel’s owner due to the breach of statutory regulations and requirements,this incident of collision leads to further liabilities,Own vessel besides the liability incurred by the vessel’s owner due to violation of article 3 of Hague rules to provide proper documentations and a seaworthy Vessel. Due to collision and the vessel being towed to port of refuge,Liability will also be incurred due to the delay caused in delivery of cargo on time.Also the vessel was loaded with high grade steel pipes,since the vessel collided and suffered collision damage on N0 1 Hold,due to water ingress might have also caused damage to the steel pipes.Expenses incurred due to damage to a ship and its cargo. Own vessel suffered damage at forward N o 1H-port side,which resulted in partial flooding.The container vessel suffered minor Hull damage forward and several containers were lost at sea and some were being jettisoned to help the vessel to prevent water ingress.Master’s duty is to do whatever,necessary or reasonable,so that he can save the ship and cargo from any loss or damage.This allows him to Jettison the cargo,so that is prudent and safe continuation of the voyage. Both vessels were towed to port of refuge for emergency dry dock repairs. As per Hague Visby rules â€Å" the carrier is bound, before and at the beginning of the voyage, to exercise due diligence†. Make the ship seaworthy. Properly manned, equipped and supply the ship. After receiving the goods into his charge the master or carrier or agent,on demand of the shipper ,issue to the shipper a Bill of lading[1] CONTRACTUAL OBLIGATIONS OF THE MASTER When there is a collision the MASTER shall follow the following steps:- Inform the company,owners,charterers,PI clubs and Port Authorities . EVIDENCE COLLECTION. Details of both the ships. Deck and Engine log books with entries. All the printouts and graphs from bridge equipments. All the navigational charts before and after collision. All navigational equipment in use at time of collision. Weather conditions at the time of incident. At the time of contact the vessels estimated courses and speed. Communications and signals made a the time of collision. Statements from witnesses after collision. Details of VTS or Port Control if any in operation at the time of incident. Mitigate losses to ship owner. â€Å" The owner should exercise burden of proof relating to the exercise of due diligence as the vsls navigational equipment was faulty which eventually led to a collision with the container vessel. Whenever loss or damage has been resulted on account of unseaworthiness the burden of proof of due diligence should be on the carrier or the other person claming exemption under this article. You read "Ship Masters Business" in category "Essay examples" The onus is cast on the carrier in relation to proof of due diligence, until the other party has established that the vessel was unseaworthy and his loss was due to that fact, alternatively the burden of proof should rest with the carrier who is the only party to have access to the whole fact†[2] A prudent Master should act reasonably as per the regulations to mitigate liabilities. So the vessel’s owners has to protect themselves under Marine Insurance at all times and mitigate liability it is necessary to ensure compliance with statutory regulations and requirements. 2. Salvage: â€Å"As per the scenario the master has two possible choices, salvage options under LOF, or consider a contract of towage ,master should make a risk assessment of the situation in consultation with his senior management team, due to the unreliability of the navigational equipmet ,and damage to the vessel master should not consider moving under his own power, he considered contract of towage or to hire a salvor which would result in 4 to 5 times more then the contract of towage, however a prudent master shall inform his owners that he considers it necessary to engage a salvor, The next decision is to accept which salvor services, as there are large number of salvors offering their services , often advise is taken from the shore back up team including the Average adjusters before salvors are hired .The master has to ensure that a careful logging of all events is required thru out the salvage operation, while enroute to the port of refuge he must discuss plan with owners and manage rs how he will handle the first few hours when alongside and he will need full support of his ship management team†[3] Cargo jettisoned for the safety of vsl will be allowed general average, after collision both vsl proceed to a port of refuge, the expenses of entering leaving such a port shall be allowed as general average, as stated in the York Antwerp rule X. Loss of freight due to cargo damaged or lost or allowed to lost shall be covered under general average. when the damaged cargo is sold at a loss, General average allowed will be the difference between the net proceed of sale net sound value General average General average In simple is a partial loss caused by or directly consequential upon a general average act. The General Average as defined in the MIA 1906 s. 66 and York Antwerp rule 2004 rules â€Å"There is a general average act where an extraordinary sacrifice or expenditure is voluntarily and reasonable made or incurred in time of peril for the purpose of preserving all the property imperilled in the common adventure’’[4]. As per GA act damages incurred are usually divided amongst the owner and the shipper,it will depend on the type of charter as to how the expenses will be divided,the Jettisoning of the cargo shall be equally divided between the owner and the shipper. In the given scenario the vessel had to jettison some containers to assist the vessel to prevent the water ingress for the safety of the ship so this sacrifice was for preserving the property hence eligible for G A. Thus all parties interested in the venture, ship – owner, charterers, and cargo owners etc, will proportionally contribute to ship – owner expenses and for port of refuge for emergency dry dock repairs. These are the main five parts which will show whether that act is classed under the GA or not, in fact GA arises when sacrifices have been made for the safety of the ship against cargo and freight, from some peril of the sea or from its effects. The total of such G A allowances is shared between the various parties who stood to lose each contributing in proportion to his percentage of the total values involved. The purpose of G A is to ensure that the owner of the ship or cargo who has incurred an expenditure or suffered a sacrifice of his cargo in time of peril for the purpose of preserving property receives a contribution to his loss from all those who have benefited from the action, G A acts are allowed under the H M repairs,Expenses incurred due to damage to a ship and its cargo and of taking direct action to prevent further damage to the ship and its cargo is taken as Particular Average. Hull and Machinery Insurance The duration of this insurance is for the maximum period of 12 months.this insurance is covered for the damage by herself caused to the vessel due to marine peril. It is the protection of liabilities’s of :- ? ths collision liability : The underwiter agrees to pay the ? of any sum due to the loss:- Damage caused to the other vessel ,also the loss of property and the general average or salvage of other vessel. General average and salvage:-the adjustment made should be according to the law. The insurance covers loss to the ship caused by following incidents:- O Fire and Explosion O Accident during loading and discharging ,shifting cargo . O Jettisoning of cargo O Piracy O Earthquake /Tsunamis O Peril of the sea,river/lake or any navigable water O Boiler bursting ,defect in machinery,shaft breakage. O Barratry of master/officer/crew. O Contact with land conveyance ,dock or harbour equipment. O Contact with helicopter,aircraft or falling object. In this scenario own vessel has sailed with a faulty Radar ,this proves that the master had not showed due diligence and will not be getting any compensation. PI Insurance Charterrs and ship owners are offered various class of coverage by the PI clubs. PROTECTION COVERS FOLLOWING LIABILITIES:- O Collision O Cargo claims ,crew claims O Oil pollution LIMITATION AND PI COVER:- The PI club has a board of directors who decide how to limit and restrict the cover that is given to the members. The towage of the ship may cover if the member is liable under contract of towage. The club covers the pollution liabilities only to the liability that the pollution is an extent to the escape or discharge of oil or any substance. In this case own vessel had an inoperational radar,The marine insurance contract had been breached,so the insurance company may refuse to pay the amount. Due-diligence shall be maintained at all times so that the insurance policy can cover the cargo and the ship against damages at all times. 3. Master’s actions are very crucial to obtain cover under Insurance policies. A prudent Master shall act reasonably with the codes and regulations ,Compliance with the rules and regulation will also reduce the carrier or owner liabilities regarding salvage, Master assess the situation thoroughly whether to take salvage. The right to salvage can only arise in respect of maritime properties. The terms and conditions on which the salver agrees to salve the property is divided into two basis: O The daily hire basis OThe Lloyds open form (L.O.F) The term salvage applies to Othe service performed by a salvor Othe reward paid to a salvor in respect of his successful services. Since there is no formal contract as to the money which the salvor is due on successful completion of the contract such a method is only employed when the marine environment are in grave danger. â€Å"L.O.F’’ is the most widely used â€Å"no cure – no pay’’ salvage contract, in return for salvage services, the salver receives a proportion of the â€Å"salved value ’’the value of the ship, its cargo and bunkers on board the ship. As per scenario own vessel sufferd severe collision damage on the forward end of the No 1 HOLD-Port side,resulting in partial flooding ,Due to this effect vessel was in grave and imminent danger and threat to environment, in shortest time Master decided to take L.O.F to tow the vessel to port of refuge for emergency dry dock repairs. Own vessel was under Llyods open Form Choosing the L.O.F is a matter of getting the best expertise possible in the shortest time, the Master/ owner have insufficient time to arrange a daily hire contract, their need not be a formal signing of the form, the terms and conditions can be agreed on communication the words ‘’L.O.F 2000’’ clearly being spoken during acceptance. In this incident the container vessel suffers minor hull damage and vessel was not imminent danger and not any threat to marine environment so the Master preferred to organize a daily hire agreement. The daily hire agreement would work out more economical and less complicated compare to the L.O.F.The salvage operation and its remuneration are as per the Lloyd’s rules and regulations whereas the towage contract depends upon the rules and regulation entered by the two signatories i.e. the ship owner and the towing company. The time factor is essential for the Master to make a prudent decision contacting the owner who sought advice from H M and P I club to draw satisfactory action plan. H M and P I, insurance policies covered some losses, however, the Master action are extremely important to obtain cover under the different insurance policies. BIBLIOGRAPHY College notes – shipmasters business by STC Carriage of goods by sea by john F Wilson Shipmasters business companion by Malcolm maclachlan MCA Guidelines-2003 REFERENCES www,google.co.uk www.nortonrose.com Introduction As per this scenario own vessel was on a voyage charter,if on a voyage charter the ship owner provides the charter party with details of ship particulars,capacity and Registry. The ship shall proceed with reasonable dispatch.Vessel shall proceed with Reasonable dispatch,after this the owner shall undertake to carry the cargo destination. A list of expected perils. The charter agrees to pay freight and provides full cargo,as per voyage charterer if the vessel does not arrives at a certain Port on a certain day ,the cancelling clause gives the charter the full right for cancelling the contract. Own vessel loaded a cargo of high grade steel pipes,On loading some steel appeared to be rusty.None of the concerned parties appointed a surveyor. Own vessel also accepted a letter of indemnity from the seller and signed a clean ‘Bill of Lading’(BOL).A clean BOL means that contains no positive defective condition ,The importance of BOL is it is an evidence of contract and it is a receipt of goods carried. It is the duty of master to check cargo practically as stated in the BOL and if it mets the criteria as stated then he should sign the BOL. By signing a bill of lading without checking the cargo the Master has become to party of fraud,Due to this no claim will be covered by the PI,In this case Master should have signed a CLAUSED BOL.Its a BOL that contains a positive notation of a defective condition of the cargo covered,material ,of its packaging Own Vessel sailed out with faulty Navigational equipment(RADAR)and this fault was aware to the Master and also the company.this showed that the Master of own vessel did not exercise due-deligence to make the vessel sea worthy and sailed out for Sea with faulty navigational equipment,which lead to a collision with the container vessel. Due-diligence means all efforts should be made ,So that the vessel meets all the requirements to make the vessel seaworthy. To meet these requirements the vessel shall be properly manned and should have qualified , competent and well trained staff on Board.Ensure that the vessel can proceed to sea without any harm or danger to the Personnel,Property or Marine environment. Ensure that the vessel carries all the necessary equipment as per SOLAS regulations. Also the Equipment, Cargo,Hatches is well maintained and in good condition.Cargo shall be looked and maintained on board until it is finally discharged.This will ensure that the Master and the company has exercised Due-diligence. The container vessel which had sailed out in a seaworthy condition,this vessel was complying with SOLAS regulations and H-V rules when she sailed out for sea.But a day before the collision the vessel was short manned as 2nd officer was Medically evacuated due to serious injury and rest all officers were working short handed,This lead to short manning which eventually caused fatigue to its officers and thereby breached SOLAS regulationsThis made the container vessel unseaworthy at the time of collision. But the MCA Guidelines (MSN 1778 (M)),allows a vessel to sail for shorter voyage ,if in incase of emergency ,in the case of short manning ,on a condition that the remaining officers on board are not undergoing through stress or fatigue,due to short manning and also the ILO guidelines of work are observed(ILO guideline 174),in this case the owner of the vessel could be had liable ,if apart from breaching SOLAS regulations,the guidelines from MCA has not been followed. Apart from these liabilities ,that has caused by the vessel’s owner due to the breach of statutory regulations and requirements,this incident of collision leads to further liabilities,Own vessel besides the liability incurred by the vessel’s owner due to violation of article 3 of Hague rules to provide proper documentations and a seaworthy Vessel. Due to collision and the vessel being towed to port of refuge,Liability will also be incurred due to the delay caused in delivery of cargo on time.Also the vessel was loaded with high grade steel pipes,since the vessel collided and suffered collision damage on N0 1 Hold,due to water ingress might have also caused damage to the steel pipes.Expenses incurred due to damage to a ship and its cargo. Own vessel suffered damage at forward N o 1H-port side,which resulted in partial flooding.The container vessel suffered minor Hull damage forward and several containers were lost at sea and some were being jettisoned to help the vessel to prevent water ingress.Master’s duty is to do whatever,necessary or reasonable,so that he can save the ship and cargo from any loss or damage.This allows him to Jettison the cargo,so that is prudent and safe continuation of the voyage. Both vessels were towed to port of refuge for emergency dry dock repairs. As per Hague Visby rules â€Å" the carrier is bound, before and at the beginning of the voyage, to exercise due diligence†. Make the ship seaworthy. Properly manned, equipped and supply the ship. After receiving the goods into his charge the master or carrier or agent,on demand of the shipper ,issue to the shipper a Bill of lading[1] CONTRACTUAL OBLIGATIONS OF THE MASTER When there is a collision the MASTER shall follow the following steps:- Inform the company,owners,charterers,PI clubs and Port Authorities . EVIDENCE COLLECTION. Details of both the ships. Deck and Engine log books with entries. All the printouts and graphs from bridge equipments. All the navigational charts before and after collision. All navigational equipment in use at time of collision. Weather conditions at the time of incident. At the time of contact the vessels estimated courses and speed. Communications and signals made a the time of collision. Statements from witnesses after collision. Details of VTS or Port Control if any in operation at the time of incident. Mitigate losses to ship owner. â€Å" The owner should exercise burden of proof relating to the exercise of due diligence as the vsls navigational equipment was faulty which eventually led to a collision with the container vessel. Whenever loss or damage has been resulted on account of unseaworthiness the burden of proof of due diligence should be on the carrier or the other person claming exemption under this article. The onus is cast on the carrier in relation to proof of due diligence, until the other party has established that the vessel was unseaworthy and his loss was due to that fact, alternatively the burden of proof should rest with the carrier who is the only party to have access to the whole fact†[2] A prudent Master should act reasonably as per the regulations to mitigate liabilities. So the vessel’s owners has to protect themselves under Marine Insurance at all times and mitigate liability it is necessary to ensure compliance with statutory regulations and requirements. 2. Salvage: â€Å"As per the scenario the master has two possible choices, salvage options under LOF, or consider a contract of towage ,master should make a risk assessment of the situation in consultation with his senior management team, due to the unreliability of the navigational equipmet ,and damage to the vessel master should not consider moving under his own power, he considered contract of towage or to hire a salvor which would result in 4 to 5 times more then the contract of towage, however a prudent master shall inform his owners that he considers it necessary to engage a salvor, The next decision is to accept which salvor services, as there are large number of salvors offering their services , often advise is taken from the shore back up team including the Average adjusters before salvors are hired .The master has to ensure that a careful logging of all events is required thru out the salvage operation, while enroute to the port of refuge he must discuss plan with owners and manage rs how he will handle the first few hours when alongside and he will need full support of his ship management team†[3] Cargo jettisoned for the safety of vsl will be allowed general average, after collision both vsl proceed to a port of refuge, the expenses of entering leaving such a port shall be allowed as general average, as stated in the York Antwerp rule X. Loss of freight due to cargo damaged or lost or allowed to lost shall be covered under general average. when the damaged cargo is sold at a loss, General average allowed will be the difference between the net proceed of sale net sound value General average General average In simple is a partial loss caused by or directly consequential upon a general average act. The General Average as defined in the MIA 1906 s. 66 and York Antwerp rule 2004 rules â€Å"There is a general average act where an extraordinary sacrifice or expenditure is voluntarily and reasonable made or incurred in time of peril for the purpose of preserving all the property imperilled in the common adventure’’[4]. As per GA act damages incurred are usually divided amongst the owner and the shipper,it will depend on the type of charter as to how the expenses will be divided,the Jettisoning of the cargo shall be equally divided between the owner and the shipper. In the given scenario the vessel had to jettison some containers to assist the vessel to prevent the water ingress for the safety of the ship so this sacrifice was for preserving the property hence eligible for G A. Thus all parties interested in the venture, ship – owner, charterers, and cargo owners etc, will proportionally contribute to ship – owner expenses and for port of refuge for emergency dry dock repairs. These are the main five parts which will show whether that act is classed under the GA or not, in fact GA arises when sacrifices have been made for the safety of the ship against cargo and freight, from some peril of the sea or from its effects. The total of such G A allowances is shared between the various parties who stood to lose each contributing in proportion to his percentage of the total values involved. The purpose of G A is to ensure that the owner of the ship or cargo who has incurred an expenditure or suffered a sacrifice of his cargo in time of peril for the purpose of preserving property receives a contribution to his loss from all those who have benefited from the action, G A acts are allowed under the H M repairs,Expenses incurred due to damage to a ship and its cargo and of taking direct action to prevent further damage to the ship and its cargo is taken as Particular Average. Hull and Machinery Insurance The duration of this insurance is for the maximum period of 12 months.this insurance is covered for the damage by herself caused to the vessel due to marine peril. It is the protection of liabilities’s of :- ? ths collision liability : The underwiter agrees to pay the ? of any sum due to the loss:- Damage caused to the other vessel ,also the loss of property and the general average or salvage of other vessel. General average and salvage:-the adjustment made should be according to the law. The insurance covers loss to the ship caused by following incidents:- O Fire and Explosion O Accident during loading and discharging ,shifting cargo . O Jettisoning of cargo O Piracy O Earthquake /Tsunamis O Peril of the sea,river/lake or any navigable water O Boiler bursting ,defect in machinery,shaft breakage. O Barratry of master/officer/crew. O Contact with land conveyance ,dock or harbour equipment. O Contact with helicopter,aircraft or falling object. In this scenario own vessel has sailed with a faulty Radar ,this proves that the master had not showed due diligence and will not be getting any compensation. PI Insurance Charterrs and ship owners are offered various class of coverage by the PI clubs. PROTECTION COVERS FOLLOWING LIABILITIES:- O Collision O Cargo claims ,crew claims O Oil pollution LIMITATION AND PI COVER:- The PI club has a board of directors who decide how to limit and restrict the cover that is given to the members. The towage of the ship may cover if the member is liable under contract of towage. The club covers the pollution liabilities only to the liability that the pollution is an extent to the escape or discharge of oil or any substance. In this case own vessel had an inoperational radar,The marine insurance contract had been breached,so the insurance company may refuse to pay the amount. Due-diligence shall be maintained at all times so that the insurance policy can cover the cargo and the ship against damages at all times. 3. Master’s actions are very crucial to obtain cover under Insurance policies. A prudent Master shall act reasonably with the codes and regulations ,Compliance with the rules and regulation will also reduce the carrier or owner liabilities regarding salvage, Master assess the situation thoroughly whether to take salvage. The right to salvage can only arise in respect of maritime properties. The terms and conditions on which the salver agrees to salve the property is divided into two basis: O The daily hire basis OThe Lloyds open form (L.O.F) The term salvage applies to Othe service performed by a salvor Othe reward paid to a salvor in respect of his successful services. Since there is no formal contract as to the money which the salvor is due on successful completion of the contract such a method is only employed when the marine environment are in grave danger. â€Å"L.O.F’’ is the most widely used â€Å"no cure – no pay’’ salvage contract, in return for salvage services, the salver receives a proportion of the â€Å"salved value ’’the value of the ship, its cargo and bunkers on board the ship. As per scenario own vessel sufferd severe collision damage on the forward end of the No 1 HOLD-Port side,resulting in partial flooding ,Due to this effect vessel was in grave and imminent danger and threat to environment, in shortest time Master decided to take L.O.F to tow the vessel to port of refuge for emergency dry dock repairs. Own vessel was under Llyods open Form Choosing the L.O.F is a matter of getting the best expertise possible in the shortest time, the Master/ owner have insufficient time to arrange a daily hire contract, their need not be a formal signing of the form, the terms and conditions can be agreed on communication the words ‘’L.O.F 2000’’ clearly being spoken during acceptance. In this incident the container vessel suffers minor hull damage and vessel was not imminent danger and not any threat to marine environment so the Master preferred to organize a daily hire agreement. The daily hire agreement would work out more economical and less complicated compare to the L.O.F.The salvage operation and its remuneration are as per the Lloyd’s rules and regulations whereas the towage contract depends upon the rules and regulation entered by the two signatories i.e. the ship owner and the towing company. The time factor is essential for the Master to make a prudent decision contacting the owner who sought advice from H M and P I club to draw satisfactory action plan. H M and P I, insurance policies covered some losses, however, the Master action are extremely important to obtain cover under the different insurance policies. BIBLIOGRAPHY College notes – shipmasters business by STC Carriage of goods by sea by john F Wilson Shipmasters business companion by Malcolm maclachlan MCA Guidelines-2003 REFERENCES www,google.co.uk www.nortonrose.com [1] College notes-shipmaster’s business [2] Carriage of goods by sea by Jhon F wilson [3] Commercial management for ship masters (A practical guide) Robert L Tallack. [4] Shipmasters business by Malcolm Malcalahan How to cite Ship Masters Business, Essay examples