Perils of the Seas and Inherent Vice in Marine Insurance Law

Author: Ayça Uçar

Publisher: Routledge

ISBN: 1000207803

Category: Law

Page: 198

View: 1765


The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market as the Supreme Court decision changed the boundaries of doctrine in respect of the meaning of "perils of the sea" and "inherent vice". Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses "perils of the sea" and "inherent vice" by tracing back through the early cases in order to understand the origin, and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases, discussing whether the Supreme Court case, The Cendor MOPU’, has overruled the previous cases in terms of the words "inherent vice" and "perils of the sea". Considering the impact of The Cendor MOPU decision in respect of the Marine Insurance Act 1906 as well as the standard cargo clauses, it evaluates whether the decision is consistent with the 1906 Act and the Clauses, discussing the effect of the decision on recent cases and on the insurance market.

The Carriage of Dangerous Goods by Sea

Author: Meltem Deniz Güner-Özbek

Publisher: Springer Science & Business Media

ISBN: 3540758372

Category: Law

Page: 352

View: 3672


Ever-increasing numbers of dangerous goods are carried by sea today. Worldwide concern with the risk posed by this increased frequency has led to the adoption of international technical standards to promote maritime safety and the insertion of special provisions in the carriage contracts. Moreover, growing environmental awareness and concern with the economic cost implications of maritime casualties have given rise to the regulation of liability and compensation.

Cases and Materials on Marine Insurance Law

Author: Susan Hodges

Publisher: Taylor & Francis

ISBN: 1135346941

Category: Law

Page: 1012

View: 2743


This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.

Causation in Insurance Contract Law

Author: Meixian Song

Publisher: CRC Press

ISBN: 1317685008

Category: Law

Page: 188

View: 7837


Causation is a crucial and complex issue in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Therefore, this unique book will assist practitioners in answering one of the most important questions in the handling of their insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Causation in Insurance Contract Law also comes with a foreword written by Professor Robert Merkin. This book will be an invaluable guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law. ?

Admiralty and Maritime Law

Author: Robert Force,A. N. Yiannopoulos,Martin Davies

Publisher: Beard Books

ISBN: 1587982900

Category: Law

Page: 752

View: 3824


This is an abridged version of a casebook (previously published in two volumes) on admiralty and maritime law. Nine chapters cover: admiralty jurisdiction and procedure; federalism and admiralty jurisdiction; admiralty remedies; carriage of goods; charter parties; personal injury and death claims; collision and other accidents; maritime liens; and

Terrorism and Temporality in the Works of Thomas Pynchon and Don DeLillo

Author: James Gourley

Publisher: Bloomsbury Publishing USA

ISBN: 1441133569

Category: Literary Criticism

Page: 192

View: 7374


Terrorism and Temporality in the Works of Thomas Pynchon and Don DeLillo starts from a simple premise: that the events of the 11th of September 2001 must have had a major effect on two New York residents, and two of the seminal authors of American letters, Pynchon and DeLillo. By examining implicit and explicit allusion to these events in their work, it becomes apparent that both consider 9/11 a crucial event, and that it has profoundly impacted their work. From this important point, the volume focuses on the major change identifiable in both authors' work; a change in the perception, and conception, of time. This is not, however, a simple change after 2001. It allows, at the same time, a re-examination of both authors work, and the acknowledgment of time as a crucial concept to both authors throughout their careers. Engaging with several theories of time, and their reiteration and examination in both authors' work, this volume contributes both to the understanding of literary time, and to the work of Pynchon and DeLillo.

International Carriage of Goods by Road: CMR

Author: Malcolm A. Clarke

Publisher: CRC Press

ISBN: 1317915593

Category: Law

Page: 512

View: 6057


Now in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.

Maritime Law Evolving

Author: Malcolm Clarke

Publisher: A&C Black

ISBN: 1782250417

Category: Law

Page: 338

View: 9563


To mark the 30th anniversary of the Institute of Maritime Law at Southampton University, current and former maritime law researchers came together to discuss the evolution of this fascinating area of law in the last 30 years and to stimulate discussion on its possible future. Their papers, edited by Professor Malcolm Clarke under the title Maritime Law Evolving, provide a series of thought-provoking essays on the most controversial and topical issues which have occupied maritime law researchers in the last three decades and which will continue to be at the heart of this ever-evolving discipline in the foreseeable future. The resulting work cuts across disciplines, spanning developments in areas as diverse as the management of the oceans and the evolution of the carriage and insurance sides of shipping law, including the ever- increasing influence of the European legislator in matters of conflict of laws and enforcement.

Marine Insurance

Author: Francis Rose

Publisher: CRC Press

ISBN: 1317984455

Category: Law

Page: 958

View: 8770


Marine Insurance: Law and Practice, Second Edition, continues to provide the most comprehensive and integrated account of the English law and practice of marine insurance. It provides readers with a fresh and up-to-date review of the modern law in the light of traditional principles and rules of underlying commercial law, and the specific statutory rules of marine insurance as interpreted by case law, as moderated in practice by market practices and standard form marine insurance clauses. Francis Rose clarifies the law’s underlying framework of principles and illustrates how it works in common contractual situations, explaining how the different components of the law interact. The new edition has been updated to incorporate: • the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris • the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposals The book explores in detail the following areas: • the nature of insurance • insurable interest • the insurance contract • the premium • insured risks • marine risks • exclusions • losses • claims • subrogation • double insurance

Pop Culture Matters

Author: Martin F. Norden,Robert E. Weir

Publisher: Cambridge Scholars Publishing

ISBN: 152753068X

Category: Social Science

Page: 341

View: 7159


We immerse ourselves daily in expressions of popular culture—YouTube videos, hip hop music, movies, adverts, greeting cards, videogames, and comics, to name just a few possibilities—and far too often we pay only scant critical attention to them. The essays in this collection redress this situation by probing a wide range of topics within the field of popular culture studies. Written in engaging and jargon-free prose, contributions critically examine various offerings in film, television, social media, music, literature, sports, and related areas. Moreover, they often pay special attention to the ways in which these pop culture artefacts intersect with issues of race, ethnicity, gender, sexual orientation, age, and ability. Providing a rich mixture of broad perspectives and intriguing case studies, the essays form a compelling mosaic of findings and viewpoints on popular culture. Exploring everything from toxic masculinity in twenty-first century television programmes to gendered greeting cards and adult colouring books, this provocative volume is essential reading for anyone interested in that fabricated and all-pervasive environment we call popular culture.