rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Wilful Misconduct in International Transport Law
  name:
    name part: Damar, Duygu.
    role:
      role term: creator
    role:
      role term: author.
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: gw
    date issued: 2011
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: XXII, 316 p. online resource.
  abstract: 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.
  table of contents: Introduction -- Historical Background: Limitation of Liability and Wilful Misconduct -- Roots of Wilful Misconduct -- Wilful Misconduct in Transport Law: First Time in an International Transport Convention: Convention for the Unification of Certain Rules relating to International Carriage by Air, 1929 -- Carriage by Sea -- Conventions on Other Means of Transportation -- Proof & Concept of Fault: Causation and Proof -- Degrees of Fault and Wilful Misconduct -- Conclusion. .
  note: by Duygu Damar.
  subject:
    topic: Law
  subject:
    topic: Private international law
  subject:
    topic: Conflict of laws
  subject:
    topic: International law
  subject:
    topic: Comparative law
  subject:
    topic: Trade
  subject:
    topic: Law
  subject:
    topic: International Economic Law, Trade Law
  subject:
    topic: Private International Law, International & Foreign Law, Comparative Law
  classification: K3820-3836
  classification: 343.07
  related item:
    title info:
      title: Springer eBooks
  related item:
    title info:
      title: Hamburg Studies on Maritime Affairs, International Max Planck Research School for Maritime Affairs at the University of Hamburg, 22
  identifier: 9783642215094
  identifier: http://dx.doi.org/10.1007/978-3-642-21509-4
  record info:
    record creation date: 110715
    record change date: 20151204142108.0
    record identifier: 978-3-642-21509-4