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Simple English definitions for legal terms
ward of admiralty
Read a random definition: Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
A quick definition of ward of admiralty:
A ward is a person who is under the care and protection of a guardian. This is usually a child who is not yet old enough to take care of themselves. There are different types of wards, such as permanent wards who have a permanent guardian, and temporary wards who are under the supervision of a juvenile court. A ward of admiralty is a seaman who is considered a beneficiary in contractual matters because of the perceived unfairness of their bargaining position. A ward of the state is a person who is taken care of by the government. The word "ward" can also refer to a territorial division in a city or the act of guarding or protecting something or someone.
A more thorough explanation:
A ward of admiralty is a term used to refer to a seaman who is under the protection of the law. This is because, in legal matters, a seaman is considered to be at a disadvantage compared to the other party involved in the contract. Therefore, the law treats the seaman as a beneficiary and the other party as a fiduciary.
For example, if a seaman signs a contract with a shipping company, the law assumes that the seaman may not have had equal bargaining power with the company. Therefore, the law provides protection to the seaman as a ward of admiralty.
Other examples of wards include:
- A minor who is under the supervision of a juvenile court but whose parents' parental rights have not been terminated (temporary ward).
- A person who is housed by, and receives protection and necessities from, the government (ward of the state).
These examples illustrate the definition of a ward, which is a person who is under the protection or guardianship of someone or something else. In the case of a ward of admiralty, the protection is provided by the law to ensure that the seaman is not taken advantage of in contractual matters.