Agreements or Transactions Preliminary or Subsequent to Maritime Contracts

Undertakings or agreements which are merely personal in their character, or which are preliminary or leading to maritime contracts are not recognized as within the admiralty jurisdiction.[i] ¬†Moreover, under the preliminary contract doctrine, if a contract is deemed to be preliminary to a maritime contract, then the services performed under that contract cannot be said to be “maritime in nature.” ¬†A preliminary contract could not pass the nature and subject matter test, and admiralty jurisdiction would be denied.[ii]

[i] The Harvey & Henry, 86 F. 656 (2d Cir. N.Y. 1898)

[ii] Pacific Growth S.A. v. Aon Corp., 1999 U.S. Dist. LEXIS 15381 (S.D.N.Y. 1999)


Inside Agreements or Transactions Preliminary or Subsequent to Maritime Contracts