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. |
From inside the book
Results 1-5 of 73
... .... 308 VI. How Should the Interests be Balanced? ............................................. 308 D. Principles of a Convention on the Limitation of Liability ....................... 316 I. European or International Law? ........
... Interest of the Contractual Creditor (Gläubigernähe) ................ 198 c. Foreseeability (Erkennbarkeit) ................................................... 202 d. Third Party in Need of Protection (Schutzbedürftigkeit des Dritten) ....
... ............................................ 308 VI. How Should the Interests be Balanced? ............................................. 308 1. Prevention and Compensation.............................................
... interest to his clien12 'Statutory Survey', as defined by the IACS Recommendation 82 of July 2003 'Surveyor's Glossary, Hull Terms and Hull Service Terms' (<http://www.iacs.org.uk/ guidesandrecs.htm>, last accessed 19 March 2007) are ...
... interests to have a classed vessel, he is likely to follow. 37 See also Part 1 A III4. 38 See infra Part 1 A III4. 63 The process of rule-making by the classification societies is. 12 Part 1 [Factual Situation and Legal Foundations]
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 |