46-U.S.C.-41305
§41305 – Award of Reparations
Pathway
Title 46 > Subtitle IV > Part A > Chapter 413 > Section 41305
Details
- Reference: Section 41305
- Legend: §41305 – Award of Reparations
- USCode Year: 2013
Provision Content
(a) Definition.—In this section, the term actual injury includes the loss of interest at commercial rates compounded from the date of injury.
(b) Basic Amount.—If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part, plus reasonable attorney fees.
(c) Additional Amounts.—On a showing that the injury was caused by an activity prohibited by section 41102(b), 41104(3) or (6), or 41105(1) or (3) of this title, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury.
(d) Difference Between Rates.—If the injury was caused by an activity prohibited by section 41104(4)(A) or (B) of this title, the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1546.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41305 | 46 App.:1710(g) (less time limit). | Pub. L. 98–237, §11(g) (less time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, §3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, §110, Oct. 14, 1998, 112 Stat. 1911. |
In subsection (b), the words within the period specified in section 41301(a) of this title are substituted for within 3 years after the cause of action accrued because the time limit is restated in section 41301(a) instead of in this section. The words upon petition of the complainant are omitted as unnecessary. The words after notice and hearing are omitted as unnecessary because of section 41304(a) of the revised title.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-41105 in the Legal Encyclopedia: Shipping
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46-U.S.C.-41304 in the Legal Encyclopedia: Regulation of Ocean Shipping
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46-U.S.C.-40703 in the Legal Encyclopedia: Regulation
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46-U.S.C.-41106 in the Legal Encyclopedia: Ocean Shipping
In this entry about 46-U.S.C.-41106, find legal reference material, bibliographies and premiere content related to ocean shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States ocean shipping-specific issues, written by authorities in the field.
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