Wilful Misconduct In International Transport Law PDF Download
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| Author | : Duygu Damar |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 333 |
| Release | : 2011-07-17 |
| Genre | : Law |
| ISBN | : 3642215092 |
Download Wilful Misconduct in International Transport Law Book in PDF, ePub and Kindle
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.
| Author | : Duygu Damar |
| Publisher | : |
| Total Pages | : 26 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
Download Breaking the Liability Limits in Multimodal Transport Book in PDF, ePub and Kindle
Limitation of liability is a feature of transport law. Generally, personal wilful misconduct of the carrier must be proven by the claimant in order to break those liability limits. Since there is no generally accepted international regime for multimodal transport, other international instruments or national regimes must be applied to the issue. This article analyses the issues arisen from the lack of a uniformal regime for multimodal transport.This article is published in this Research Paper Series with the kind permission of the Tulane Maritime Law Journal in accordance with its Author/Journal Publication Agreement and Copyright License. For further information on the Journal, please visit its website.
| Author | : |
| Publisher | : CRC Press |
| Total Pages | : 777 |
| Release | : 2014-07-17 |
| Genre | : Law |
| ISBN | : 1317912195 |
Download International Carriage of Goods by Road: CMR Book in PDF, ePub and Kindle
This key text analyses the international carriage of goods by road under the provisions of the CMR Convention. The updates in the fifth edition include: In Part I on CMR: • Cases on CMR in England • New cases in the higher courts other countries, notably Austria, France, Germany and Holland, many concerned with theft and ‘wilful misconduct’ • Advent of the Rotterdam Rules 2009 and their impact inland on CMR • Electronic consignment notes In Part II on English Domestic Law: Developments in the law of obligations affecting contracts of carriage: • Negligence • Conversion • Contract construction • Good faith • Vicarious liability
| Author | : Olena Bokareva |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 360 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 1786437457 |
Download Uniformity of Transport Law through International Regimes Book in PDF, ePub and Kindle
Uniformity of Transport Law through International Regimes addresses the problem of uniformity of transport law and the potential solutions at international and EU levels. It concerns transport conventions and other instruments dealing mainly with carriage of goods by sea and multimodal transport as well as examining the Rotterdam Rules as one of the solutions towards uniformity in carriage of goods law. The discussion on international uniformity in transport law is complemented by an examination of regional harmonization in the context of EU law-making and jurisprudence in the field of international transport. The comparison between international and regional regimes reveals the complexities in application and interpretation of the certain transport conventions which is detrimental to achieving uniformity.
| Author | : Malcolm A. Clarke |
| Publisher | : CRC Press |
| Total Pages | : 721 |
| Release | : 2013-12-17 |
| Genre | : Law |
| ISBN | : 1317748883 |
Download Contracts of Carriage by Land and Air Book in PDF, ePub and Kindle
This book provides: • In-depth clause-by-clause analysis and commentary of the major international conventions and standard form contracts within these areas • New editions of two standard forms of contract for international carriage by rail • Citation of the relevant case law and statutes • Footnote annotations and cross-references for each clause or provision
| Author | : Baris Soyer |
| Publisher | : CRC Press |
| Total Pages | : 674 |
| Release | : 2013-08-15 |
| Genre | : Law |
| ISBN | : 1135124191 |
Download Carriage of Goods by Sea, Land and Air Book in PDF, ePub and Kindle
Written by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules. An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.
| Author | : Donald James Hill |
| Publisher | : Routledge |
| Total Pages | : 590 |
| Release | : 2017-07-05 |
| Genre | : Law |
| ISBN | : 1351571656 |
Download CMR: Contracts for the International Carriage of Goods by Road Book in PDF, ePub and Kindle
This new book has been completely revised and updated to provide a guide to the workings of the Convention on the Contracts for the International Carriage of Goods by Road. The text takes an article by article approach, discussing the relevant English and European case law to illustrate how the courts interpret the convention in practice.
| Author | : Malcolm Alistair Clarke |
| Publisher | : Infroma Law |
| Total Pages | : 520 |
| Release | : 2003 |
| Genre | : Business & Economics |
| ISBN | : |
Download International Carriage of Goods by Road Book in PDF, ePub and Kindle
A comprehensive guide to the workings of the Convention on the Contracts for the International Carriage of Goods by Road.
| Author | : Kerim Atamer |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 244 |
| Release | : 2022-09-20 |
| Genre | : Law |
| ISBN | : 9403549742 |
Download Transport Law in Turkey Book in PDF, ePub and Kindle
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Turkey. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting Turkey. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.
| Author | : Malcolm A. Clarke |
| Publisher | : CRC Press |
| Total Pages | : 979 |
| Release | : 2014-04-24 |
| Genre | : Law |
| ISBN | : 1317915585 |
Download International Carriage of Goods by Road: CMR Book in PDF, ePub and Kindle
Now in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
