This Note argues that maintenance and cure is a right inherent in general admiralty law. As such, it applies equally to unionized and non-unionized seamen, regardless of whether a bargained-for rate of maintenance and cure exists. Part I traces the development of the doctrine of maintenance and cure. Part II presents and compares the courts' positions on the assessment of maintenance and cure. Part III proposes that maintenance and cure is an admiralty right, implicit in every seaman's employment, which no contractual provision can abrogate. This Note concludes that courts should decide each maintenance and cure case on an individual basis in order to ensure that the rate awarded to the seaman reflects the actual costs incurred.
Virginia A. McDaniel,
Recognizing Modern Maintenance and Cure as an Admiralty Right,
14 Fordham Int'l L.J. 669
Available at: http://ir.lawnet.fordham.edu/ilj/vol14/iss3/5