Executory Contract Doctrine

Executory Contract Doctrine in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Executory Contract Doctrine, produced by Tetley, in the context of admiralty law: The American general maritime law (see this maritime law term in this legal dictionary) principle that no maritime lien (see this maritime law term in this legal dictionary) arises from the breach of an unexecuted contract. Such a contract gives rise only to an action in personam, and not to an action in rem. For example, no maritime lien arises for breach of a seaman’s employment contract unless the seaman has performed some work on board; nor does a lien exist for the supply of necessaries (see this maritime law term in this legal dictionary)which have not been furnished to the ship. See Bank One Louisiana v. Dean, 293 F.3d 830, 2002 AMC 1617 (5 Cir. 2002), citing The Keokuk 76 U.S. (9 Wall.) 517 (1870). See also Tetley, M.L.C., 2 Ed., 1998 at pp. 298, 596 and 722.

Executory Contract Doctrine in Admiralty Law

For information on executory contract doctrine in this context, see the entry on executory contract doctrine in the maritime law encyclopedia.