What is the difference between active and passive Admiralty Law?
Admiralty Law is a body of laws that governs maritime activities. It is important to understand the difference between active and passive Admiralty Law in order to properly litigate maritime disputes. Active Admiralty Law is any legislation that enters into the process of defining the rights, responsibilities, and liabilities of people involved in maritime activities. This includes laws that govern the actions of parties to a contract, such as those involving the sea freight of goods. Furthermore, active Admiralty Law may include regulations and statutes that control the right of individuals to pursue certain activities at sea, such as fishing or recreational boating. In contrast, passive Admiralty Law is the body of laws that outlines the remedies available to those who have suffered damages due to maritime activities. This includes the ability for a victim of a maritime act to seek compensation from a liable party. For example, if an individual was the victim of an injury while working on a merchant vessel, they would look to passive Admiralty Law for the avenues of financial compensation available to them. In Kansas, both active and passive Admiralty Law are applicable. It is important to understand the distinctions between both in order to understand the rights and remedies available in maritime situations.
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