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Wilful Misconduct in International Transport Law

  • Book
  • © 2011

Overview

Authors:
  1. Duygu Damar

    1. und internationales Privatrecht, Max-Planck-Institut für ausländisches, Hamburg, Germany

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  • Historical background of the term "wilful misconduct" in common law
  • Detailed analysis of the term and its prerequisites
  • The function of "wilful misconduct" in transport law, especially in carriage by sea, from a comparative perspective
  • Comparative analysis of corporate liability and attribution of grave fault
  • Detailed and comparative analysis of causation and proof issues - Comparison of fault degrees of common law and continental law
  • Includes supplementary material: sn.pub/extras

Part of the book series: Hamburg Studies on Maritime Affairs (HAMBURG, volume 22)

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Table of contents (9 chapters)

  1. Front Matter

    Pages 1-19
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  2. Introduction

    • Duygu Damar
    Pages 1-3

  3. Limitation of Liability and Wilful Misconduct

    • Duygu Damar
    Pages 5-26

  4. Roots of Wilful Misconduct

    • Duygu Damar
    Pages 27-48

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

    • Duygu Damar
    Pages 49-118

  6. Carriage by Sea

    • Duygu Damar
    Pages 119-219

  7. Conventions on Other Means of Transportation

    • Duygu Damar
    Pages 220-243

  8. Causation and Proof

    • Duygu Damar
    Pages 245-268

  9. Degrees of Fault and Wilful Misconduct

    • Duygu Damar
    Pages 269-290

  10. Conclusion

    • Duygu Damar
    Pages 291-293

  11. Back Matter

    Pages 311-332
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Keywords

About this book

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.

Authors and Affiliations

  • und internationales Privatrecht, Max-Planck-Institut für ausländisches, Hamburg, Germany

    Duygu Damar

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