Liability for torts is recognized and enforced by the maritime law. Maritime torts include all wrongful acts o• direct injuries arising in con nection with commerce and navigation occurring upon the seas o• other navigable waters, includ ing negligence and the wrongful taking of prop erty. The maritime law, however, regards only actual damages, and allows no recovery for merely nominal damages. The test for deter mining whether a tort is of a maritime nature is the locality where the to•tiors act is consum mated or takes effect. Thus an injury to a bridge o• wharf by a ship• inasmuch as the in jury is effected upon laud. is not within the juris diction of the admiralty court, but an injury to a ship by a draw-bridge is a maritime tort. of which the admiralty court has jurisdiction. The maritime. like the.common law, does not recog nize a right of recovery for wrongful death. but a statute may confer the right, which will then he recognized in admiralty in accordance with the settled principle that both the Federal courts of admiralty and of equity will provide a remedy for new substantive rights created by State statute. See COLLISIONS OF VESSELS; BOUNTY; BARRATRY.
The maritime law recognizes and enforces con tracts by awarding damages o• enforcing liens which it recognizes as created on the basis of contract. Tn general the essential elements of
a contract are the same under the maritime as at the common law•. The maritime law differs from the common law• only in the method by which it may enfm•ce the contract and in attach ing to the various classes of contracts certain legal incidents peculiar to each class. A contract is deemed to be of a maritime nature so as to be within the jurisdiction of an admiralty court When in its essence it is purely maritime, relat ing to commerce and navigation upon navigable waters as already defined, as contracts for the bet terment of a vessel in aid of navigation or for the sustenance and relief of those engaged in conduct ing connnercia I operations at sea. Thus a eon tract of partnership in a vessel is nut it mari time contract, neither is a contract to build a vessel, nor is a preliminary agreement leading to a maritime contract, as a contract to procure marine insurance, within the jurisdiction of the admiralty court. For a fuller discussion of the Narions forms of maritime contracts and their incidents. ,••• such special articles as B0TroMaY Rmn; 11.F.si.oNDENrt.% ; CiimrrEat-PARTY: A