The Liability of Classification SocietiesSpringer Science & Business Media, 2007 M06 29 - 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. |
Contents
Introduction | 1 |
Community | 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 |
331 | |
Table of Cases 351 | 350 |
Table of International Conventions | 365 |
372 | |
Other editions - View all
Common terms and phrases
accessed 19 March aff’d American Bureau ofShipping apply Basedow/Wurmnest BGHZ breach Bureau Veritas Bürgerliches Gesetzbuch cargo carrier caused charterer claims classifica classification certificate classification soci classification society ClassNK clause Coastal Bermuda compensation confirmation of class contracting party court duty duty of care economic loss entry into force exemption expert opinion F.Supp flag held liable Himalaya clause IACS injury International Convention issue last accessed 19 Liability of Classification Limitation of Liability Lloyd’s Register Lloyd’s Rep Lord Marc Rich Marine Maritime Law negligent misrepresentation Nippon Kaiji Kyokai November obligation Oil Pollution Otto Candies owner passengers performance person plaintiff Protocol reasonable regard regulations relevant responsible risk S.Ct safety seaworthy shipowner shipyard society’s standard statutory surveys strict liability Sundance Cruises Sundance Cruises Corp supra surveyor third party tion society tonnage tort of negligence United States Law Verkehrspflicht vessel