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Wilful Misconduct in International Transport Law by Duygu Damar
Wilful Misconduct in International Transport Law by Duygu Damar
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Wilful Misconduct in International Transport Law

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Description

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.
Release date Australia
July 17th, 2011
Author
Audience
  • Professional & Vocational
Illustrations
XXII, 316 p.
Pages
316
Dimensions
156x234x18
ISBN-13
9783642215087
Product ID
10817459

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