46-U.S.C.-31304
§31304 – Liability For Noncompliance
Pathway
Title 46 > Subtitle III > Chapter 313 > Subchapter I > Section 31304
Details
- Reference: Section 31304
- Legend: §31304 – Liability For Noncompliance
- USCode Year: 2013
Provision Content
(a) If a person makes a contract secured by, or on the credit of, a vessel covered by a mortgage filed or recorded under this chapter and sustains a monetary loss because the mortgagor or the master or other individual in charge of the vessel does not comply with a requirement imposed on the mortgagor, master, or individual under this chapter, the mortgagor is liable for the loss.
(b) A civil action may be brought to recover for losses referred to in subsection (a) of this section. The district courts have original jurisdiction of the action, regardless of the amount in controversy or the citizenship of the parties. If the plaintiff prevails, the court shall award costs and attorney fees to the plaintiff.
(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4740.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 31304 | 46:941(c) |
Section 31304 imposes liability on the mortgagor if the mortgagor, master, or other individual in charge of the vessel does not comply with the statutory requirements. A civil action may be brought in a district court of the United States for losses incurred. If the plaintiff prevails, the court shall award costs and attorneys fees to the plaintiff. This section makes two substantive changes to law. First, is the broadening of its coverage from documented vessels covered by a preferred mortgage to any vessel covered by a mortgage that is filed or recorded under the chapter. The second substantive change repeals the liability on the United States Government for losses caused because the Secretary did not comply with statutory requirements. This is covered by the Federal Tort Claims Act due to the nondiscretionary responsibility of the Secretary.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-31101 in the Legal Encyclopedia: Shipping
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46-U.S.C.-31104 in the Legal Encyclopedia: Maritime Liability
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46-U.S.C.-31107 in the Legal Encyclopedia: Liability
In this entry about 46-U.S.C.-31107, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.
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