Liability For Marine Pollution 1. 1992 Civil Liability Convention The 1992 CLC and the 1992 Fund Convention apply to oil pollution damage caused in the territory, including the territorial sea, of a contracting state, and to damage caused within 200 miles from the coast. It also covers the costs of preventive measures ‘wherever taken’, i.e....
November 23, 2024
Author: Tan Pui Yen
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April 28, 2022July 25, 2022Admiralty Law, Assistance at sea and in ports
Duties and Liabilities of Ports and Pilots
Duties and liabilities of ports and pilots 1. Statutory duties and rights of port authorities Harbour authorities have the power and the obligation under the Pilotage Act 1987 to decide whether and what type of pilotage services are needed in their area for each type of ship, and whether pilotage should be compulsory. In addition,...
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April 27, 2022July 25, 2022Marine Insurance Law, The terms of the contract; risks; and causation
Excepted Risks
Excepted Risks 1. Excepted perils Generally, but not always, an excepted peril is a peril which would be included within an insured peril and would be covered by the policy but for the exception. That is, the excepted peril is often a sub-set of the insured perils. For example, the policy may provide cover for...
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April 27, 2022July 25, 2022Marine Insurance Law, The terms of the contract; risks; and causation
War, Political and Strike Risks
War, Political And Strike Risks 1. War Risks Clauses The SG form scheduled to the MIA covered marine and war risks. However, it became common for war risks to be excluded from cover. This was done by the ‘FC&S’ clause (standing for ‘free of capture and seizure’). One form of the FC&S clause provided: ‘Warranted...
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April 27, 2022July 25, 2022Marine Insurance Law, The terms of the contract; risks; and causation
Marine Risks
Marine Risks 1. The ingredients of a valid insurance claim The essence of a marine insurance contract is that it is a contract of indemnity, that is, the insurer undertakes to be responsible for any losses sustained by the assured provided that the cause of the loss is within the scope of the indemnity (Castellain...
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April 27, 2022July 25, 2022Marine Insurance Law, The terms of the contract; risks; and causation
Implied Warranties
Implied Warranties 1. Implied Warranties Section 33(2) MIA recognises that warranties may be implied. Warranties may be implied into the marine insurance contract either by reason of the parties’ agreement or by law (via MIA). A warranty may be implied by reason of the parties’ agreement if the implied warranty is necessary (not merely desirable)...
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April 27, 2022July 25, 2022International conventions regulating the rights and obligations of the parties to the bill of lading contract, Law of The carriage of Goods by Sea
Time Limit for Claims and Financial Limitations On Carriers’ Liability Under The Rules
Time Limit For Claims And Financial Limitations On Carriers’ Liability Under The Rules 1. Time limit for claims The third paragraph of Art. III, r.6 provides that the carrier and the ship: “…shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of...
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April 27, 2022July 25, 2022International conventions regulating the rights and obligations of the parties to the bill of lading contract, Law of The carriage of Goods by Sea
Hague-Visby Rules III
Hague-Visby Rules III – The Carrier’s Defences 1. ‘Due Diligence’ Defence Under Art. IV, r.1 This is not a defence, strictly speaking, since if due diligence is shown, the primary duty of the carrier under Art. III, r.1 has been discharged. In general, we can only speculate as to why it was thought necessary to...
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April 27, 2022July 25, 2022International conventions regulating the rights and obligations of the parties to the bill of lading contract, Law of The carriage of Goods by Sea
Hague-Visby Rules II
Hague-Visby Rules II – The Carrier’s Duties 1. Period Covered By The Rules Under the terms of Art. II, carriers are subject to the responsibilities and liabilities set out in the Rules ‘under every contract of carriage of goods by sea’ in relation to the loading, handling, stowing, carriage, custody, care and discharge of the...
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April 27, 2022July 25, 2022Marine Insurance Law, The terms of the contract; risks; and causation
Conditions Precedent and Other Terms of The Insurance Contract
Conditions Precedent And Other Terms Of The Insurance Contract 1. Conditions Precedent Conditions precedent are frequently used in insurance policies. A condition precedent is classically a clause which imposes an obligation on the assured as a condition precedent to the insurer’s liability. If the condition precedent is not complied with, the insurer will by the...