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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Contents
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 |