Public Law and Private Law Ramifications

By definition public law is the branch of law that governs the interactions and relationships between members of public and the state. Criminal, administrative and criminal laws are branches of public law. Private law on the other hand is the branch of law that governs the relationship between individual members of a society. Sub branches of private law include the contract law, law of obligations and tort law. (Chen, 1995)

Perhaps, before taking a deep analysis on some of the issues that have strongly emerged in this question it would be of paramount importance to be clear with the meaning and the definitions of some of the technical terms used herein. One such term is the flag of convenience. This term is used in marine transactions and refers to a ship whose owner has a different nationality from which his ship is registered under. (Griffith, 2003)Usually a ship is required while transit to fly a flag that displays the country where it was registered.

It is the laws of the country under whish the ship was registered that will apply should the ship be involved in any form dispute with the passengers on board. Looking at the case in question, Diversified Worldwide Industries simply known as (DWI) is a company that owns a fleet of ship. One of its ships known as Minnow flies a Liberian flag. This means that should there arise any contentious issue between the company and the passengers on board then the Liberian law will apply. In this particular case Mr. and Mrs.

Lowell were passengers in Minnow and they were headed for Miami. It was reported that two employees of the DMI Company who were on duty in the Minnow ship robbed Mrs. Lowell her jewelries. In addition there ensued a scuffle between the robbers and Mr. Lowell which made Mr. Lowell to suffer a heart attack. The two employees are then said to have locked the couple inside one of the restrooms in the cabin and they were only released after many hours had passed. Mr. and Mrs. Lowell were however able to identify the two employees who had robbed them.

Upon arrival to Miami the Lowell couple hired an attorney who sent a letter to DMI Company notifying them of the intention of the couple to sue for theft, assault and emotional distress caused to the couple unless the company compensated the couple for a sum not below 10 million dollars within 10 working days. In this case it is the Liberian law in effect since the ship was flying a Liberian flag. Under the Liberian laws a wife is considered the property of her husband so is anything that she owns.

She is therefore not allowed to sue on behalf of her husband or claim damages of any kind. In light of this the following discussion takes an in-depth look at the public and private laws ramifications for DWI in this particular situation. In addition the paper will look at how different the legalities would have been if this incident took place at DWI resort situated in the mainland of the United States of America. Further the paper will examine some of the policies that DWI as a company should develop to avoid such criminal incidents in future.