Tuesday, December 14, 2010
Limitation of liability Act
The liability of the owner of a ship to the value limit law on the liability of limitation of shipowners 1851 after the accident to the vessel and cargo if losses due to negligence or unseaworthiness without his involvement, commitment and knowledge. It was in September 1935 on applications for death provide changed. Right OriginsThe Act adopted against similar foreign owners with responsibility at the playground USA owners. Claims for loss of death or illegal cargo can the value of the vessel exceeds discouraging maritime commerce.Titanic and owner of Morro CastleThe Titanic successfully called the right to limit the feed Ocean April 1912 your following liability setting, the more than 1,500 lives.Supreme Court judge Oliver Wendell Holmes helped Titanic British owner liability is limited to the value post wreck of the vessel the approximately $92,000 lifeboats.However value loss of human life changes adopted was ruled, after del Morro is crashed and on the Bank of New Jersey, on 9 September 1935 burned. $ 20,000 Despite the death of 137 passengers.Now shipowners liability limits owners is only a "limited Fund" of $420 per tonne of pay of injury and death claims, if his salvage of the vessel is insufficient.LimitationsShipowners have burden of proof to show that you had no participation, involvement and knowledge of dangerous or negligent conditions which caused the loss. The file can be for environmental damage covered used oil pollution Act by 1990.
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