International transport conventions which adopt a limited liability system also employ provisions regarding how and when those limits may be broken. The limited liability system has become, through its historical development, a common feature of international transport regimes; the same is true of the provisions regarding unlimited liability including the case of wilful misconduct. Wilful misconduct is a common law term which has been used in carriage by rail and which was literally adopted in the MIA 1906. The function of the term in marine insurance law is to make reference to one of the situations where the insurer is not liable towards the assured for the loss occurred.
KeywordsStrict Liability International Transport Relevant Provision Liability Regime Unlimited Liability
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