Wilful Misconduct In International Transport Law


Wilful Misconduct In International Transport Law
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Wilful Misconduct In International Transport Law


Wilful Misconduct In International Transport Law
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Author : Duygu Damar
language : de
Publisher: Springer Science & Business Media
Release Date : 2011-07-17

Wilful Misconduct In International Transport Law written by Duygu Damar 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 2011-07-17 with Law categories.


The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.



Limitation Of Liabilities In International Air Law


Limitation Of Liabilities In International Air Law
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Author : Huibert Drion
language : en
Publisher: Springer
Release Date : 1954

Limitation Of Liabilities In International Air Law written by Huibert Drion and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1954 with Law categories.


Deal[s] with the problems arising in connection with limitation of liability under the Warsaw Convention of 1929 and under the two Rome Conventions of 1933 and of 1952 on surface damage.



International Carriage Of Goods By Road Cmr


International Carriage Of Goods By Road Cmr
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Author :
language : en
Publisher: CRC Press
Release Date : 2014-07-17

International Carriage Of Goods By Road Cmr written by and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-17 with Law categories.


This key text analyses the international carriage of goods by road under the provisions of the CMR Convention. The updates in the fifth edition include: In Part I on CMR: • Cases on CMR in England • New cases in the higher courts other countries, notably Austria, France, Germany and Holland, many concerned with theft and ‘wilful misconduct’ • Advent of the Rotterdam Rules 2009 and their impact inland on CMR • Electronic consignment notes In Part II on English Domestic Law: Developments in the law of obligations affecting contracts of carriage: • Negligence • Conversion • Contract construction • Good faith • Vicarious liability



Contracts Of Carriage By Land And Air


Contracts Of Carriage By Land And Air
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Author : Malcolm A. Clarke
language : en
Publisher: CRC Press
Release Date : 2013-12-17

Contracts Of Carriage By Land And Air written by Malcolm A. Clarke and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-17 with Law categories.


This book provides: • In-depth clause-by-clause analysis and commentary of the major international conventions and standard form contracts within these areas • New editions of two standard forms of contract for international carriage by rail • Citation of the relevant case law and statutes • Footnote annotations and cross-references for each clause or provision



Cmr Contracts For The International Carriage Of Goods By Road


Cmr Contracts For The International Carriage Of Goods By Road
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Author : Donald James Hill
language : en
Publisher: Routledge
Release Date : 2017-07-05

Cmr Contracts For The International Carriage Of Goods By Road written by Donald James Hill and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.


This new book has been completely revised and updated to provide a guide to the workings of the Convention on the Contracts for the International Carriage of Goods by Road. The text takes an article by article approach, discussing the relevant English and European case law to illustrate how the courts interpret the convention in practice.



International Carriage Of Goods By Road Cmr


International Carriage Of Goods By Road Cmr
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Author : Malcolm Clarke
language : en
Publisher: CRC Press
Release Date : 2014-04-24

International Carriage Of Goods By Road Cmr written by Malcolm Clarke and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-24 with Law categories.


Now in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.



Introduction To The Law Of Carriage Of Goods


Introduction To The Law Of Carriage Of Goods
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Author : David A. Glass
language : en
Publisher:
Release Date : 1989

Introduction To The Law Of Carriage Of Goods written by David A. Glass and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Business & Economics categories.


Introduction to the Law of Carriage of Goods is a comprehensive guide to the law of carriage of goods by land, sea and air, along with a brief summary of the law relating to passengers and their luggage.



Carriage Of Goods By Sea Land And Air


Carriage Of Goods By Sea Land And Air
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Author : Baris Soyer
language : en
Publisher: CRC Press
Release Date : 2013-08-15

Carriage Of Goods By Sea Land And Air written by Baris Soyer and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-15 with Law categories.


Written by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules. An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.



Transport Law In Hong Kong


Transport Law In Hong Kong
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Author : Ping-fat Sze
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-08-20

Transport Law In Hong Kong written by Ping-fat Sze and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-20 with Law categories.


Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Hong Kong. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting Hong Kong. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.



Cmr Contracts For The International Carriage Of Goods By Road


Cmr Contracts For The International Carriage Of Goods By Road
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Author : Andrew Messent
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-20

Cmr Contracts For The International Carriage Of Goods By Road written by Andrew Messent and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-20 with Law categories.


Now in its fourth edition, this hallmark text provides a comprehensive, article-by-article guide to the workings of the CMR Convention, as incorporated into English Law by the Carriage of Goods by Road Act 1965. This new edition is fully up to date with all major UK case law, plus major developments in the interpretation of the Convention in the case law of other Contracting States. Furthermore, the book includes expert guidance on the amendments introduced by the additional protocol concerning the electronic consignment note of 2008. The relationship between CMR and potentially conflicting legislation, in particular the Judgments Regulation of 2001 and the Judgments Regulation (recast) of 2012, are also usefully examined. Praised as well-written and extremely accessible, Messent and Glass offer a level of expert detail and referencing that cannot be found elsewhere. This work is an invaluable reference tool that can be used by the busy legal practitioner, and by other road haulage industry professionals, in any contracting state, to solve the issues that confront them in daily practice. It is also an indispensable guide for academics and students of the international carriage of goods by road.