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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - active-operations duty
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Definition of active-operations duty
Definition: Active-operations duty is a legal obligation of shipowners to provide safe working conditions for longshoremen who are loading or unloading the ship in the areas that the shipowner controls. This duty is also known as active-control-of-vessel duty.
Examples:
- A shipowner must ensure that the cargo is properly secured and that the longshoremen have the necessary equipment to perform their work safely.
- If a longshoreman is injured due to unsafe working conditions, the shipowner may be held liable for failing to fulfill their active-operations duty.
These examples illustrate how shipowners have a legal responsibility to provide a safe working environment for longshoremen. If they fail to do so, they may be held accountable for any injuries or accidents that occur.
The law is reason, free from passion.
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Simple Definition
Active-Operations Duty: This is a responsibility that ship owners have to make sure that the areas where longshoremen work on the ship are safe. Longshoremen are the people who load and unload the ship. The ship owner must control these areas and make sure they are safe for the workers. This is also called active-control-of-vessel duty. It is different from turnover duty and intervention duty.
A judge is a law student who marks his own examination papers.
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