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  • Book
  • © 2011

Wilful Misconduct in International Transport Law

Authors:

  • 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
  2. Introduction

    • Duygu Damar
    Pages 1-3
  3. Roots of Wilful Misconduct

    • Duygu Damar
    Pages 27-48
  4. Carriage by Sea

    • Duygu Damar
    Pages 119-219
  5. Causation and Proof

    • Duygu Damar
    Pages 245-268
  6. Degrees of Fault and Wilful Misconduct

    • Duygu Damar
    Pages 269-290
  7. Conclusion

    • Duygu Damar
    Pages 291-293
  8. Back Matter

    Pages 311-332

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

Bibliographic Information

Buy it now

Buying options

eBook USD 89.00
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 119.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access