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 |
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Common terms and phrases
accessed 19 March Admiralty American Bureau apply BGHZ breach Bureau of Shipping Bureau Veritas Bürgerliches Gesetzbuch cargo carriage carrier caused charterer claims classifica classification certificate classification soci classification society ClassNK clause compensation confirmation of class contracting party court duty duty of care economic loss entry into force exemption F.Supp flag Hague Rules held liable Himalaya clause IACS injury International Convention issue last accessed 19 liability of classification Limitation of Liability LLMC Lloyd’s Lloyd's Register Lloyd's Rep Lord Marc Rich Marine Maritime Law Nippon Kaiji Kyokai November obligation Otto Candies owner passengers performance person plaintiff Protocol reasonable regard regulations relates relevant responsible risk S.Ct safety seaworthy shipowner shipyard Somarelf 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
Popular passages
Page 237 - With us every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen.
Page 180 - ... who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property, but which...
Page 138 - ... the misrepresentation been made fraudulently, that person shall be so liable notwithstanding that the misrepresentation was not made fraudulently, unless he proves that he had reasonable ground to believe and did believe up to the time the contract was made that the facts represented were true.
Page 281 - BIS 1. The defences and limits of liability provided for in these Rules shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.
Page 109 - The liability for negligence, whether you style it such or treat it as in other systems as a species of 'culpa', is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay.
Page 148 - ... the moral blame attached to the defendant's conduct, and the policy of preventing future harm.
Page 56 - The duty is absolute, but it is a duty only to furnish a vessel and appurtenances reasonably fit for their intended use.
Page 106 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.