Whether exclusion clauses practically limit the liability of the carriers of goods by sea under the UK jurisdiction

Ho, Tung (2017) Whether exclusion clauses practically limit the liability of the carriers of goods by sea under the UK jurisdiction. [USQ Project]

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Abstract

The main purpose of this study is to identify the extent to which the English statutory definitions of perils of the sea, arrest or restraints of princes, and negligence are interpreted by English courts as to whether the exclusion clause in contracts of carriage of goods by sea is applicable to exempt the carriers from liability to the losses or damages to the ships or the goods. The main observation drawn from this study is that the courts’ interpretation of exclusion clause has been circumspect in nature. On this ground, this study also aims at informing carriers of potential risks and liabilities which are not covered under the immunity of exclusion clauses embedded in contracts of carriage of goods by sea. In addition, this potential risks may be highlighted by addressing a lack of mutual understanding between common law countries and non-common law ones and the inconsistency between domestic and international laws regarding the issues of exclusion clauses and liabilities of carriers in contracts of delivery of goods by sea


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Item Type: USQ Project
Item Status: Live Archive
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 26 Mar 2018 04:52
Last Modified: 26 Mar 2018 04:52
Uncontrolled Keywords: law, delivery of goods by sea, exclusion clauses, international trade, law of the sea, carriers
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180117 International Trade Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
B Economic Development > 88 Transport > 8802 Water Transport > 880202 International Sea Freight Transport (excl. Live Animal Transport)
C Society > 94 Law, Politics and Community Services > 9403 International Relations > 940399 International Relations not elsewhere classified
E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/33918

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