By Jürgen Basedow
With the global upsurge of complaints opposed to class societies, their legal responsibility in the direction of 3rd events has develop into the most contentious matters in modern maritime legislations. by contrast heritage, the authors study power third-party claims and look at to what volume type societies may well restrict their legal responsibility. The learn highlights the advance in Australian, English, French, New Zealand, U.S. and German legislation.
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Extra info for Third-Party Liability of Classification Societies: A Comparative Perspective (Hamburg Studies on Maritime Affairs)
109 The Court of Appeals 104 105 106 107 108 109 For an overview of the older case law cf. Gordan, ‘The Liability of Marine Surveyors and Ship Classification Societies’ (1988) 19 J. Mar. L. & Com. 301 ff. Cf. generally Scoles/Hay/Borchers/Symeonides, Conflict of Laws (2000), 482 ff. Ioannides et al. v. Marika Maritime Corp. , 928 F. Supp. Y. 1996). , at 377 ff. As to the law applicable to disputes relating to maritime law cf. Lauritzen v. Larsen, 345 US 571 (1953); Romero v. , 358 US 354 (1959); Hellenic Lines Ltd.
The defendants regulated the safety of shipping in New Zealand. 88 The threat of legal liability for economic loss might subject the survey authority to inappropriate pressures to the detriment of the overall public interest. 89 Citing the aforementioned English decisions The Morning Watch and Nicholas H, he concluded that an English court dealing with a comparable case would not impose on the defendants a duty of care because it would not be “fair, just and reasonable“ to demand of a classification society to guard ship buyers against economic loss as a result of their reliance on the survey certificates.
Cf. only Steamship Mutual Underwriting Association Ltd. v. Bureau Veritas, 380 F. Supp. La. 1973). , Otto Candies v. , 2002 WL 1798767, 2 ff. La. 2002). See above, Part 2 A. II. S. courts dealing with third-party liability of classification societies was Great American Insurance Company et al. v. 119 In this case, the insurance companies of the ship owner and charterer of the Tradeways II sought indemnification from Bureau Veritas. The plaintiffs alleged that the BV surveyor negligently overlooked four defective frames in the forward area of the ship and some holes in the top of the deep tanks when surveying and certifying the ship prior to its last voyage.
Third-Party Liability of Classification Societies: A Comparative Perspective (Hamburg Studies on Maritime Affairs) by Jürgen Basedow