What is the difference between active and passive Admiralty Law?

Admiralty law is a body of laws that govern the relationships between private parties and the sea. In California, admiralty law is primarily concerned with the law of contracts, insurance, transportation, and maritime accidents. It also includes laws related to the ownership and use of ships, boats, and other vessels. Active admiralty law is generally used to refer to the law that governs relationships between private parties and the sea. This law applies to any private contracts and agreements between two parties, as well as any disputes between the parties. This type of law also covers the consequential damages that may arise from a breach of contract, including damages, interest, and legal fees. This type of admiralty law also governs issues such as marine insurance, marine pollution, and the right of salvage. Passive admiralty law, on the other hand, generally refers to the law that governs the relationship between governments and the sea. This law applies to any regulations that may be imposed by a government on the use of the sea, such as navigation and fishing regulations. It also covers the rights of persons to sue a government for breaches of admiralty law, such as when a government fails to protect the rights of fishermen or boats. In summary, active admiralty law governs the relationship between two private parties regarding activities related to the sea, while passive admiralty law governs the relationship between governments and the sea. Both types of law are essential for the safe and fair use of the sea.

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