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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... ........................................ 69 2. Breach of Contract, Warranty of Workmanlike Performance and Tort Law............................................................................................. 71 3.
... ............... 192 a. Proximity of Performance (Leistungsnähe)................................195 b. Interest of the Contractual Creditor (Gläubigernähe) ................ 198 c. Foreseeability (Erkennbarkeit) ..............................
... performance of private and public functions. The case-law will be analysed and commented upon. Situations which have not yet been tried shall also be taken into consideration. Furthermore, the implications of a liability of such ...
... Performance', 25 Mar. Pol'y 13 (2001), at 17; Furger, 'Accountability and Systems of Self-Governance: The Case of the Maritime Industry', 19 Law & Pol'y 445 (1997), at 458–461, 464–465; Richardson, 'Mandating Environmental Liability ...
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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 |