Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law

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dc.contributor.advisorHare, Johnen_ZA
dc.contributor.authorRochester, Vanessaen_ZA
dc.date.accessioned2014-07-30T18:08:56Z
dc.date.available2014-07-30T18:08:56Z
dc.date.issued2008en_ZA
dc.descriptionIncludes abstract.
dc.descriptionIncludes bibliographical references (leaves 289-330).
dc.description.abstractThe debate surrounding the nautical fault exemption has recently been revived in the context of the negotiation and drafting of the UNCITRAL Draft Convention on the Carriage of Goods [Wholly or Partly] [By Sea]. Indeed, the concept of nautical fault has been debated in academic, legislative, and industry circles for decades, with the issue resurfacing each time an attempt is made to modernize the law of carriage of goods by sea, either domestically or internationally. The frequency of debate by no means implies a comprehensive understanding of nautical fault. Rather, the importance of nautical fault and the role it plays in modern carriage law is often misunderstood and underplayed. The majority of commentators and cargo interests view the nautical fault exemption solely as an anachronistic holdover from an earlier era in shipping. This thesis challenges the modern assumptions surrounding nautical fault by demonstrating both its importance and it relevance to the modern law of carriage of goods by sea. This thesis therefore attempts to reconcile all the factors impacting and impacted by nautical fault, and provide a clear, complete and comprehensive study of the exemption.en_ZA
dc.identifier.apacitationRochester, V. (2008). <i>Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/4544en_ZA
dc.identifier.chicagocitationRochester, Vanessa. <i>"Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2008. http://hdl.handle.net/11427/4544en_ZA
dc.identifier.citationRochester, V. 2008. Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Rochester, Vanessa AB - The debate surrounding the nautical fault exemption has recently been revived in the context of the negotiation and drafting of the UNCITRAL Draft Convention on the Carriage of Goods [Wholly or Partly] [By Sea]. Indeed, the concept of nautical fault has been debated in academic, legislative, and industry circles for decades, with the issue resurfacing each time an attempt is made to modernize the law of carriage of goods by sea, either domestically or internationally. The frequency of debate by no means implies a comprehensive understanding of nautical fault. Rather, the importance of nautical fault and the role it plays in modern carriage law is often misunderstood and underplayed. The majority of commentators and cargo interests view the nautical fault exemption solely as an anachronistic holdover from an earlier era in shipping. This thesis challenges the modern assumptions surrounding nautical fault by demonstrating both its importance and it relevance to the modern law of carriage of goods by sea. This thesis therefore attempts to reconcile all the factors impacting and impacted by nautical fault, and provide a clear, complete and comprehensive study of the exemption. DA - 2008 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2008 T1 - Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law TI - Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law UR - http://hdl.handle.net/11427/4544 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4544
dc.identifier.vancouvercitationRochester V. Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2008 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4544en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCommercial Lawen_ZA
dc.titleNautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage lawen_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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