The nautical fault defence- an anachronism or a concept of the future?

Maelicke, Steffen

The nautical fault defence- an anachronism or a concept of the future?

Thesis / Dissertation

2000

Publisher

University of Cape Town

Department

Shipping Law Unit

Faculty

Faculty of Law

Abstract

In context of the carriage of goods by sea, the carrier's liability for loss of or damage to the goods has always been a controversial topic, because the carrier's and the shipper's interests have to be harmonised. In order to find an equitable solution, several liability regimes have been developed and a catalogue of immunities has been established which exempted the carrier from his liability. One of these exonerations is the 'nautical fault' defence of the carrier. This defence exonerates the carrier from liability for loss or damage arising or resulting from act, neglect or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.

Keywords

Nautical fault

Reference:

Collections

Masters

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