
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3773]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                        CHAPTER 51--PANAMA CANAL
 
              SUBCHAPTER I--ADMINISTRATION AND REGULATIONS
 
           Part 4--Claims for Injuries to Persons or Property
 
                        subpart ii--vessel damage
 
Sec. 3773. Measure of damages generally

    In determining the amount of the award of damages for injuries to a 
vessel for which the Commission is determined to be liable, there may be 
included--
        (1) the actual or estimated cost of repairs;
        (2) charter hire actually lost by the owners, or charter hire 
    actually paid, depending upon the terms of the charter party, for 
    the time the vessel is undergoing repairs;
        (3) maintenance of the vessel and wages of the crew, if they are 
    found to be actual additional expenses or losses incurred outside of 
    the charter hire; and
        (4) other expenses which are definitely and accurately shown to 
    have been incurred necessarily and by reason of the accident or 
    injuries.

Agent's fees, or commissions, or other incidental expenses of similar 
character, or any items which are indefinite, indeterminable, 
speculative, or conjectural may not be allowed. The Commission shall be 
furnished such vouchers, receipts, or other evidence as may be necessary 
in support of any item of a claim. If a vessel is not operated under 
charter but by the owner directly, evidence shall be secured if 
available as to the sum for which vessels of the same size and class can 
be chartered in the market. If the charter value cannot be determined, 
the value of the vessel to its owners in the business in which it was 
engaged at the time of the injuries shall be used as a basis for 
estimating the damages for the vessel's detention; and the books of the 
owners showing the vessel's earnings about the time of the accident or 
injuries shall be considered as evidence of probable earnings during the 
time of detention. If the books are unavailable, such other evidence 
shall be furnished as may be necessary.

(Pub. L. 96-70, title I, Sec. 1413, Sept. 27, 1979, 93 Stat. 486.)
