7.12 Maintenance and Cure-Willful and Arbitrary Failure to Pay

• Category: Federal - Jury Instructions - 9th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-9THCIR-7-12
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 7.12 Maintenance and Cure-Willful and Arbitrary Failure to Pay is a legal term used in maritime law when a seaman has been injured or has become ill while working on a vessel and the vessel’s owner has failed to provide reasonable maintenance and cure benefits to the seaman. Maintenance and cure is a part of the seamen’s contract of hiring, which requires the vessel’s owner to provide food, lodging, and medical care to the seaman in the event of injury or illness. There are two types of 7.12 Maintenance and Cure-Willful and Arbitrary Failure to Pay: willful and arbitrary. Willful failure to pay is when the vessel’s owner fails to provide reasonable maintenance and cure benefits to the seaman despite having the ability to do so. Arbitrary failure to pay is when the vessel’s owner fails to provide reasonable maintenance and cure benefits to the seaman without having the ability to do so.

7.12 Maintenance and Cure-Willful and Arbitrary Failure to Pay is a legal term used in maritime law when a seaman has been injured or has become ill while working on a vessel and the vessel’s owner has failed to provide reasonable maintenance and cure benefits to the seaman. Maintenance and cure is a part of the seamen’s contract of hiring, which requires the vessel’s owner to provide food, lodging, and medical care to the seaman in the event of injury or illness. There are two types of 7.12 Maintenance and Cure-Willful and Arbitrary Failure to Pay: willful and arbitrary. Willful failure to pay is when the vessel’s owner fails to provide reasonable maintenance and cure benefits to the seaman despite having the ability to do so. Arbitrary failure to pay is when the vessel’s owner fails to provide reasonable maintenance and cure benefits to the seaman without having the ability to do so.