Hamburg Studies on Maritime Affairs

Wilful Misconduct in International Transport Law

Authors: Damar, Duygu

  • 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
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  • ISBN 978-3-642-21509-4
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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.

Table of contents (9 chapters)

  • Introduction

    Damar, Duygu

    Pages 1-3

  • Limitation of Liability and Wilful Misconduct

    Damar, Duygu

    Pages 5-26

  • Roots of Wilful Misconduct

    Damar, Duygu

    Pages 27-48

  • First 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

  • Carriage by Sea

    Damar, Duygu

    Pages 119-219

Buy this book

eBook $99.00
price for USA (gross)
  • ISBN 978-3-642-21509-4
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Softcover $129.00
price for USA
  • ISBN 978-3-642-21508-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Wilful Misconduct in International Transport Law
Authors
Series Title
Hamburg Studies on Maritime Affairs
Series Volume
22
Copyright
2011
Publisher
Springer-Verlag Berlin Heidelberg
Copyright Holder
Springer-Verlag Berlin Heidelberg
eBook ISBN
978-3-642-21509-4
DOI
10.1007/978-3-642-21509-4
Softcover ISBN
978-3-642-21508-7
Series ISSN
1614-2462
Edition Number
1
Number of Pages
XXII, 316
Topics