CLOSE HAULED

2 definitions found across Law Mind sources

CLOSE HAULEDAuthored
The Law Mind • 789 words
Definition
A nautical term used in admiralty law to describe the configuration of a sailing vessel's sails when the vessel is sailing as nearly as possible into the wind — that is, heading in the direction closest to the point from which the wind is blowing. A vessel sailing close hauled is making its maximum angular progress against the wind, with sails trimmed tight to allow forward movement rather than being driven sideways or backward. The term arises in admiralty and maritime contexts principally in collision cases and right-of-way disputes, where the precise heading and sailing configuration of a vessel at a given moment determines fault, negligence, or compliance with the rules of navigation. Whether a vessel was close hauled affects what maneuvers were available to her, what she could reasonably have done to avoid a collision, and what obligations she held relative to other vessels under the maritime rules of the road.
Common Language
Modern common usage (Wiktionary): "Close-hauled" describes a sailing vessel whose sails are trimmed as flat as possible so that the vessel can sail at the smallest possible angle to the wind direction; sailing as close to the wind as the vessel's design allows. Historical common usage (Webster's 1913): "Having the sails set for sailing as near to the wind as possible; — said of a sailing vessel." The common and legal meanings are essentially identical in technical content. The legal significance lies not in any redefinition of the term but in its function as an operative fact in admiralty proceedings: the same physical configuration that a sailor describes casually becomes a material finding in a court determining fault in a collision at sea.
Why It Matters in Research
This term is a term of art imported directly from seamanship into admiralty law without alteration of meaning. Researchers encountering it in historical admiralty opinions, collision cases, or maritime insurance disputes should understand it as a description of physical fact rather than a legal construct. The navigational significance is critical context: a vessel close hauled has limited ability to alter course toward the wind and greater flexibility to fall off (turn away from the wind). This directly bears on whether a vessel could have taken evasive action, and therefore on questions of maritime negligence and the duty to keep out of the way. Historical admiralty cases often turn on close technical readings of sail trim and heading, and a researcher unfamiliar with the sailing terminology will miss the factual logic of the court's reasoning. Researchers using Bouvier's or older maritime digests will find this term appears most frequently in mid-to-late nineteenth century English and American admiralty decisions, reflecting the era of commercial sail. As steam displaced sail in commercial shipping, close hauled and related sailing terms became less prominent in reported cases, though they persist in yacht racing disputes and pleasure craft litigation. The citation in Bouvier's to 6 El. & Bl. 771 points to English Queen's Bench authority, signaling that American admiralty courts of the period were drawing on English maritime precedent — a common pattern in nineteenth century admiralty law that researchers should keep in mind when tracing doctrine across jurisdictions. No confusion with real estate or tax "closing" concepts should arise; those terms are etymologically and legally unrelated.
Historical Dictionary Support
Bouvier's Law Dictionary provides a concise and accurate definition, correctly situating the term within admiralty law and identifying it as nautical in origin. The definition aligns fully with the common seamanship meaning, confirming that courts adopted the term without technical modification. Bouvier cross-references Black's Law Dictionary, suggesting the term was recognized across the standard reference shelf of the period. Neither source adds substantive legal content beyond the physical description — which is appropriate, since the term's legal work is done by its application to specific navigational facts rather than by any independent legal definition. What historical dictionaries do not address is the procedural and evidentiary role the term plays: how courts received expert nautical testimony to establish whether a vessel was in fact close hauled, and how that finding interacted with the maritime rules governing vessels on converging courses. Researchers should look to the underlying admiralty decisions and period seamanship manuals for that layer of analysis.
Jurisdictional Note
The term functions identically in English and American admiralty law, both drawing on shared maritime rules of the road. Federal admiralty jurisdiction in the United States means the term appears almost exclusively in federal case law, with state court treatment rare and generally derivative.
Related Terms
Admiralty law; collision (maritime); rules of the road (maritime); starboard tack; port tack; luffing; bearing away; right of way (maritime); negligence (maritime); seamanship
CLOSE HAULEDmain
Bouvier's Law Dictionary • 1928
In Admiralty Law. This is a nautical term and means the arrangement of a vessel's sails when she endeavors to make progress in the nearest direction possible towards that point of the compass from which the wind blows. 6 El. & BÍ. 771; Black, L. Dict.

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