The Liability of Classification SocietiesSpringer Science & Business Media, 2007 M06 30 - 380 pages Classification societies are discharging various functions in the interest of flag States and shipowners. They are important actors in the system of maritime safety. Because the liability of shipowners is limited, classification societies have been considered as exempt from liability for a long time – and in several jurisdictions this view still prevails. This study analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or United States maritime law. Moreover, the fundamental aspects of an international convention on the limitation of the liability of classification societies are developed. |
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... ............. 60 2. Implied Contractual Duty to Exercise Reasonable Care and Skill ..... 64 3. Tort of Negligence ............................................................................. 65 4. Exemption and Limitation Clauses ...
... exercise a large variety of different activities, which may or may not be in any relation to the obligation of the shipowner to provide a seaworthy vessel, and because of the limited financial capability of a single marine surveyor ...
... exercise a more effective control than the administration. As regards surveys of ships world-wide, classification societies perform statutory surveys for almost every flag State administration.68 They are an integral part of the system ...
... exercise of port State control may not be delegated to classification societies. However, classification societies may co-operate with port State control, see Boisson, 'Classification Society Cooperation with Port State Control: a Move ...
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Contents
1 | |
22 | |
B Private Operations and Public Functions in Detail | 43 |
Obligations of the Classification Society | 54 |
NonDelegable Duty of the Shipowner to Make the Vessel Seaworthy | 55 |
Liability under United States Law | 240 |
Liability under German Law | 248 |
Damage Caused by Both a Classification and Statutory | 256 |
A Convention on the Limitation of Liability of Classification | 259 |
Bibliography | 331 |
Table of Cases 351 | 350 |
Table of International Conventions | 365 |
Index 373 | 372 |