Maritime Cargo Theft Liability Study
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Maritime Cargo Theft Liability Study
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Author : Simat, Helliesen & Eichner
language : en
Publisher:
Release Date : 1977
Maritime Cargo Theft Liability Study written by Simat, Helliesen & Eichner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Liability (Law) categories.
Appendices To Final Report
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Author : Simat, Helliesen & Eichner
language : en
Publisher:
Release Date : 1977
Appendices To Final Report written by Simat, Helliesen & Eichner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Cargo theft categories.
The Function Of Protection Indemnity Marine Insurance In Relation To Ship Owner S Liability For Cargo Claims
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Author : Joseph Tshilomb JK, LLM;MSc
language : en
Publisher: AuthorHouse
Release Date : 2016-03-04
The Function Of Protection Indemnity Marine Insurance In Relation To Ship Owner S Liability For Cargo Claims written by Joseph Tshilomb JK, LLM;MSc and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-04 with Technology & Engineering categories.
In the early days of shipping and international maritime trade many more casualties occurred at sea. Ever since, ship owners liability for cargo claims has been increasing both in number and in cost in spite of the huge technical development in international maritime transport. In order to make it easier for ship owners to operate safely and efficiently the Protection and Indemnity appeared around 1870 as mutual marine insurance. Besides Hull & Machinery and Cargo Insurance offered on the international commercial market in insurance, Protection and Indemnity Insurance (known under the acronym P&I) is a ship owners insurance cover for legal liabilities to third parties. This cover is generally achieved by entering the ship in a mutual insurance club. Nowadays, the mutuality is performed by an underwriter who endeavors to see that each owner carries his fair share of the risk. The members of P&I clubs are ship owners, charterers or ship management companies. At present, a major function of the Protection and Indemnity insurance is to cover the ship owner for legal and contractual liability for loss of cargo or damage to cargo if there has been a breach of the carriage contract. This liability is called Third party liability. The ship owner will handover the cargo claim to his P&I Club. In order to clarify this liability, Article 3, Paragraph 2 of the Hague Visby rules stipulates: Subject to the provisions of Article 4 the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried. Therefore, the focus in this research study is placed on the function of Protection and Indemnity insurance covering the ship owners liability for damage to cargo or loss of cargo.
The Carrier S Liability For Deck Cargo
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Author : Lina Wiedenbach
language : en
Publisher: Springer
Release Date : 2015-05-29
The Carrier S Liability For Deck Cargo written by Lina Wiedenbach and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-29 with Law categories.
This book deals with the carrier’s liability for deck cargo in the Nordic countries and England as state parties of the Hague-Visby Rules. The comparative method serves to illustrate two widely differing methods of dealing with, first, the exclusion of certain deck cargo from the scope of the Hague-Visby Rules and, second, where not excluded, the Rules failure to include a special deck cargo liability regime. Various solutions similar to the English or Nordic approach, or a combination of the two, have also been adopted in a large number of other jurisdictions. Taking into consideration the massive quantities of cargo that are carried on deck today, the subject is more topical than ever. The complexity of the problem stems from the way in which the deck has, over the years, gradually become a common place to stow cargo. When the Hague Rules were introduced in 1924, deck stowage was an absolute exception due to the great risks involved. As such, the topic must first be looked at in the context of the shipping realities in which the Hague Rules were drafted and then in terms of today’s shipping realities. The comparative analysis leading up to the author’s conclusions and general remarks for future legislation consists of two parts, the first dealing with the situations in which the carrier is permitted to stow cargo on deck, and the second with the carrier’s liability for deck cargo where he has stowed cargo on deck with, or as the case may be, without such permission.
Effects Of Insurance On Maritime Liability Law
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Author : Muhammad Masum Billah
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-07
Effects Of Insurance On Maritime Liability Law written by Muhammad Masum Billah and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-07 with Law categories.
The book examines how the absence of insurance in the past led to some special maritime liability law principles such as ‘general average’ (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners’ liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.
A Comparative Study On Maritime Cargo Carrier S Liability In Anglo American And French Laws
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Author : Sang Hyun Song
language : en
Publisher:
Release Date : 1973
A Comparative Study On Maritime Cargo Carrier S Liability In Anglo American And French Laws written by Sang Hyun Song and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Liability for marine accidents categories.
International Cargo Insurance
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Author : John Dunt
language : en
Publisher: Taylor & Francis
Release Date : 2013-07-18
International Cargo Insurance written by John Dunt and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Law categories.
International Cargo Insurance examines the law and practice of marine cargo insurance on a worldwide basis, and provides the busy practitioner the information needed to quickly and accurately resolve cargo insurance coverage issues, wherever they may arise. The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide. The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.
Maritime Cargo Loss Prevention
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Author : Coopers & Lybrand
language : en
Publisher:
Release Date : 1979
Maritime Cargo Loss Prevention written by Coopers & Lybrand and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Cargo theft categories.
Cargo Security Literature Survey
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Author : United States. Department of Transportation. Office of Transportation Security
language : en
Publisher:
Release Date : 1979
Cargo Security Literature Survey written by United States. Department of Transportation. Office of Transportation Security and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Freight and freightage categories.
Marine Cargo Insurance
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Author : John Dunt
language : en
Publisher: CRC Press
Release Date : 2015-11-19
Marine Cargo Insurance written by John Dunt and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-19 with Law categories.
The new edition of this British Insurance Law Association (BILA)-award winning text is the definitive reference source for marine cargo insurance law. Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today’s busy practitioner. New to this edition: Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims) Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015 Increased coverage of jurisdiction and choice of law, particularly taking into account the Rome I Regulation Enhanced coverage of the issue of Constructive Total Loss Consideration of the Law Reform Commission’s proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906. Covers latest developments in the Enterprise Bill for damages for late payment of claims Fully updated with all of the influential cases since 2009, including: The Cendor MOPU, one of the most important marine insurance cases of the last 50 years. Clothing Management v Beazley Solutions Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices Influential foreign cases taken from this book’s sister text, International Cargo Insurance This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.