With the worldwide upsurge of lawsuits against classification societies, their liability towards third parties has become one of the most contentious issues in contemporary maritime law. Against this background, the authors analyze potential third-party claims and examine to what extent classificati
Third-Party Liability of Classification Societies: A Comparative Perspective
β Scribed by Professor Dr. Dr. h.c. JΓΌrgen Basedow LL.M. (Harvard), Dr. Wolfgang Wurmnest LL.M. (Berkeley) (auth.)
- Publisher
- Springer-Verlag Berlin Heidelberg
- Year
- 2005
- Tongue
- English
- Leaves
- 137
- Series
- Hamburg Studies on Maritime Affairs 2
- Edition
- 1
- Category
- Library
No coin nor oath required. For personal study only.
β¦ Synopsis
Classification societies are charged with the technical supervision of maritime shipping to enhance the safety of life and property at sea by securing high te- nical standards of design, manufacture, construction and maintenance of seagoing vessels. Each and every shipping catastrophe caused by a technical defect reminds the maritime world of the central importance of the vesselβs proper technical supervision. Correspondingly, the liability of classification societies has become a particularly discussed issue over the past years. Their contractual liability is usually limited by general terms and conditions incorporated in the classification rules and cases brought by typical contracting partners of classification societies, such as ship owners and ship yards, are not an issue in the current debate. H- ever, one can note a substantial worldwide increase of actions brought by parties who are not in privity with classification societies. This study focuses on third-party liability of classification societies. It ori- nates in an expert opinion on selected issues relating to third-party liability which the authors compiled for the German classification society Germanischer Lloyd AG. Driven by the highly interesting legal issues and unexplored shores in this area of law, we continued our research and are able to present a relatively c- prehensive overview on the law on third-party liability of classification societies. Given the origins of our work, the discussion of limitations of liability clauses is based on the standard terms and conditions of the Germanischer Lloyd, version 2005.
β¦ Table of Contents
Introduction....Pages 1-4
The Role of Classification Societies in the Shipping Industry....Pages 5-13
Third-Party Liability of Classification Societies in Selected Legal Systems....Pages 15-38
The Basis for Liability under German Law....Pages 39-82
The Extent of Liability under German Law β Selected Issues....Pages 83-99
Conclusion....Pages 101-103
β¦ Subjects
International & Foreign Law/Comparative Law; Business/Management Science, general
π SIMILAR VOLUMES
<span>Classification societies are charged with the technical supervision of maritime shipping to enhance the safety of life and property at sea by securing high te- nical standards of design, manufacture, construction and maintenance of seagoing vessels. Each and every shipping catastrophe caused b
<p><P>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 lon
"This book is dedicated to a fundamental conflict in modern states: those persons holding public office are no more than ordinary citizens. Therefore, their activities must - as a matter of principle - be subject to full judicial control. But at the same time, democratically legitimated politicians
Non-vicarious liability for the acts of third parties is distinguishable from the traditional doctrine of vicarious liability insofar as it relates to a form of primary liability predicated upon the personal fault of the defendant. More conveniently termed 'third party liability', it is a novel cate
Non-vicarious liability for the acts of third parties is distinguishable from the traditional doctrine of vicarious liability insofar as it relates to a form of primary liability predicated upon the personal fault of the defendant. More conveniently termed βthird party liabilityβ, it is a novel cate