The Liability of Classification Societies

Front Cover
Springer 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.

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Contents

Introduction
1
NonDelegable Duty of the Shipowner to Make the Vessel Seaworthy
55
Implied Contractual Duty to Exercise Reasonable Care and Skill
64
bb The Verdict cc Case
78
United States Law
142
Strict Liability?
179
The Effect of Disclaimers
227
a Liability of the Classification
236
Justifications of a New Convention on the Limitation of Liability
304
Should the Shipowner be Protected from Additional Insurance
306
Principles of a Convention on the Limitation of Liability
316
E The Limitation of Liability for Public Functions
328
Table of Cases
350
232
362
Table of International Conventions
365
Index 373
372

A Convention on the Limitation of Liability of Classification
259
Limitations as Regards Passengers V Limitations of Civil Liability for Oil Pollution Damage B Limitation of Liability under the Current System of Li...
277

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