2011 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 51 - PANAMA CANAL (§§ 3601 - 3873)
Subchapter I - ADMINISTRATION AND REGULATIONS (§§ 3611 - 3823)
Part 4 - Claims for Injuries to Persons or Property (§§ 3761 - 3779)
Subpart ii - vessel damage (§§ 3771 - 3779)
Section 3773 - Measure of damages generally
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 51 - PANAMA CANAL SUBCHAPTER I - ADMINISTRATION AND REGULATIONS Part 4 - Claims for Injuries to Persons or Property subpart ii - vessel damage Sec. 3773 - Measure of damages generally |
Contains | section 3773 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 96-70, title I, §1413, Sept. 27, 1979, 93 Stat. 486. |
Statutes at Large Reference | 93 Stat. 486 |
Public Law Reference | Public Law 96-70 |
Download PDF
In determining the amount of the award of damages for injuries to a vessel for which the Commission is determined to be liable, there may be included—
(1) the actual or estimated cost of repairs;
(2) charter hire actually lost by the owners, or charter hire actually paid, depending upon the terms of the charter party, for the time the vessel is undergoing repairs;
(3) maintenance of the vessel and wages of the crew, if they are found to be actual additional expenses or losses incurred outside of the charter hire; and
(4) other expenses which are definitely and accurately shown to have been incurred necessarily and by reason of the accident or injuries.
Agent's fees, or commissions, or other incidental expenses of similar character, or any items which are indefinite, indeterminable, speculative, or conjectural may not be allowed. The Commission shall be furnished such vouchers, receipts, or other evidence as may be necessary in support of any item of a claim. If a vessel is not operated under charter but by the owner directly, evidence shall be secured if available as to the sum for which vessels of the same size and class can be chartered in the market. If the charter value cannot be determined, the value of the vessel to its owners in the business in which it was engaged at the time of the injuries shall be used as a basis for estimating the damages for the vessel's detention; and the books of the owners showing the vessel's earnings about the time of the accident or injuries shall be considered as evidence of probable earnings during the time of detention. If the books are unavailable, such other evidence shall be furnished as may be necessary.
(Pub. L. 96–70, title I, §1413, Sept. 27, 1979, 93 Stat. 486.)
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.