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The law is a jealous mistress, and requires a long and constant courtship.
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Legal Definitions - shipwreck
Definition of shipwreck
In maritime law, a shipwreck refers to the severe damage or destruction of a vessel, typically caused by unforeseen events or perils of the sea, which renders it unable to continue its voyage or perform its intended function. This can involve a vessel sinking, breaking apart, or becoming so severely damaged, for instance by stranding, that it is effectively lost for its operational purpose due to circumstances beyond the owner's control.
Example 1: A large container ship, caught in an unexpected and violent typhoon in the Pacific Ocean, is battered by enormous waves. Despite the crew's efforts to navigate the storm, the ship suffers critical structural damage, takes on too much water, and eventually sinks to the seabed.
Explanation: This scenario constitutes a shipwreck because the vessel was destroyed by an uncontrollable natural event (the typhoon), making it completely incapable of fulfilling its mission of transporting cargo.
Example 2: A small pleasure yacht, navigating through a poorly charted area during a dense fog, accidentally runs aground on a hidden rock formation. The impact tears a significant hole in its hull, causing it to flood rapidly and become permanently stuck. Although the yacht does not fully submerge, the damage is so extensive and its position so precarious that it is deemed a total loss and cannot be repaired or refloated for use.
Explanation: This is a shipwreck because the yacht was severely damaged (stranded and holed) due to an unforeseen event (fog and grounding), rendering it permanently unable to perform its function as a recreational vessel.
Example 3: During a routine journey, a passenger cruise liner experiences a catastrophic engine room fire that quickly spreads throughout the vessel, despite the crew's firefighting efforts. The fire causes immense structural damage and compromises the ship's integrity to such an extent that it is declared unsalvageable and must be abandoned, eventually listing heavily and capsizing.
Explanation: This situation is a shipwreck because the cruise liner was destroyed by an internal but uncontrollable event (the catastrophic fire), making it impossible to transport passengers or fulfill any other operational function.
Simple Definition
In maritime law, a shipwreck refers to either the physical wreckage of a vessel or the event where a ship is injured or destroyed due to circumstances beyond the owner's control. This renders the vessel incapable of performing its intended mission, whether through sinking, breaking apart, or stranding.