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Wilful Misconduct in International Transport Law

Part of the Hamburg Studies on Maritime Affairs Book Series (volume 22)

DOI: 10.1007/978-3-642-21509-4

ISBN: 978-3-642-21508-7

Publisher: Springer Berlin Heidelberg - Springer Journals

Jul 16, 2011

1 - 9 of 9 Chapters

LitStream

Chapter 1Introduction

Damar, Duygu

Pages: 1 –3

[A person liable is not entitled to limit his liability, “if it is proved that the damage resulted from an act or omission of [the person liable] done with intent to cause damage or recklessly and with knowledge that damage would probably result”. This provision, though sometimes with small but...
LitStream

Chapter 2Limitation of Liability and Wilful Misconduct

Damar, Duygu

Pages: 5 –26

[Although liability under general tort and contract law principles is not limited to a certain amount, liability arising under a carriage contract is limited by the majority of international transport conventions and national legislatures. Undoubtedly, limitation of liability is one of the most...
LitStream

Chapter 3Roots of Wilful Misconduct

Damar, Duygu

Pages: 27 –48

[Being a term of Anglo-Saxon law, wilful misconduct originates from English law. As is the case in all terms of British law, the term of wilful misconduct has also been developed through case law. Nonetheless, it would be beyond the scope of this thesis to search and explain the origin of the...
LitStream

Chapter 4First Time in an International Transport Convention: Convention for the Unification of Certain Rules relating to International Carriage by Air, 1929

Damar, Duygu

Pages: 49 –118

[The necessity of unifying the rules regarding air carriage has arisen due to the international character of carriage by air and due to the lack and/or insufficiency of national legislation at the beginning of the 20th century. This necessity triggered the initiative of France, and on this...
LitStream

Chapter 5Carriage by Sea

Damar, Duygu

Pages: 119 –219

[After being adopted by the Hague Protocol in the context of carriage by air, the description of the term “wilful misconduct” spread to other areas of transport law. In maritime law conventions, limitation was broken in case of “acts or faults of the shipowner”. This principle has been later...
LitStream

Chapter 6Conventions on Other Means of Transportation

Damar, Duygu

Pages: 220 –243

[It is common for the liability of the carrier to be limited under the international regimes regarding means of transportation other than the carriage by air or sea. Therefore, conventions regarding other means of transportation also employ provisions for breaking the limits. However, mostly...
LitStream

Chapter 7Causation and Proof

Damar, Duygu

Pages: 245 –268

[Apart from the problem of which prerequisites are necessary to break the limitation of liability, questions of causation and proof also play an important role. The answer to the question of which party carries the burden of proof generally determines the result of the whole process, since that...
LitStream

Chapter 8Degrees of Fault and Wilful Misconduct

Damar, Duygu

Pages: 269 –290

[Amongst other topics, one of the most controversial issues with regard to wilful misconduct or its definition is its equivalent under civil law. If one looks at the literature, it is very clear that wilful misconduct initially covers the gravest fault degree, i.e. intentional wrongdoing....
LitStream

Chapter 9Conclusion

Damar, Duygu

Pages: 291 –293

[International transport conventions which adopt a limited liability system also employ provisions regarding how and when those limits may be broken. The limited liability system has become, through its historical development, a common feature of international transport regimes; the same is true...

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