Crew negligence and ‘civil’ liabilities in carriage by sea from a comparative aspect
Crew negligence and ‘civil’ liabilities in carriage by sea from a comparative aspect
The key question in this chapter is who, in the context of carriage by sea, should bear the contractual or tortious liabilities arising from crew negligence. The issue has been answered based on a comparative study of English law and Chinese law. The paper scrutinises the current law regarding the civil liabilities that may be imposed on the crew and the ship, and any defences or limitation of liability that avails to the crew under both jurisdictions at issue. It is also to analyse the impact of crew negligence on the allocation of risks of losses between the carrier and the cargo owner and the trends in law on this matter.
49-64
Song, Meixian
95735514-86ff-4387-aecb-9f708549047a
15 September 2016
Song, Meixian
95735514-86ff-4387-aecb-9f708549047a
Song, Meixian
(2016)
Crew negligence and ‘civil’ liabilities in carriage by sea from a comparative aspect.
In,
Hjalmarsson, J. and Zhang, J.J.
(eds.)
Maritime Law in China: Emerging Issues and Future Developments.
(Contemporary Commercial Law)
Abingdon.
Routledge, .
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Book Section
Abstract
The key question in this chapter is who, in the context of carriage by sea, should bear the contractual or tortious liabilities arising from crew negligence. The issue has been answered based on a comparative study of English law and Chinese law. The paper scrutinises the current law regarding the civil liabilities that may be imposed on the crew and the ship, and any defences or limitation of liability that avails to the crew under both jurisdictions at issue. It is also to analyse the impact of crew negligence on the allocation of risks of losses between the carrier and the cargo owner and the trends in law on this matter.
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Song-book chapter 2016-crew negligence
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Published date: 15 September 2016
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Local EPrints ID: 415004
URI: http://eprints.soton.ac.uk/id/eprint/415004
PURE UUID: 53e8c8f4-5f2b-4db4-bcf3-89b7747c8507
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Date deposited: 20 Oct 2017 16:31
Last modified: 16 Mar 2024 04:07
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Contributors
Editor:
J. Hjalmarsson
Editor:
J.J. Zhang
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