Wilful Misconduct in International Transport Law

  • Duygu Damar

Part of the Hamburg Studies on Maritime Affairs book series (HAMBURG, volume 22)

Table of contents

  1. Front Matter
    Pages 1-19
  2. Duygu Damar
    Pages 1-3
  3. Duygu Damar
    Pages 27-48
  4. Duygu Damar
    Pages 119-219
  5. Duygu Damar
    Pages 245-268
  6. Duygu Damar
    Pages 269-290
  7. Duygu Damar
    Pages 291-293
  8. Back Matter
    Pages 311-332

About this book

Introduction

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.

Keywords

Carriage of goods Carriage of passengers Corporate liability and attribution Fault degrees Wilful misconduct

Authors and affiliations

  • Duygu Damar
    • 1
  1. 1.und internationales PrivatrechtMax-Planck-Institut für ausländischesHamburgGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-642-21509-4
  • Copyright Information Springer-Verlag Berlin Heidelberg 2011
  • Publisher Name Springer, Berlin, Heidelberg
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-642-21508-7
  • Online ISBN 978-3-642-21509-4
  • Series Print ISSN 1614-2462
  • Series Online ISSN 1867-9587
  • About this book