Published 2001-10-10
Keywords
- classification societies,
- liability of classification societies,
- duty of care,
- negligence,
- International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code)
- misleading and deceptive conduct,
- private international law,
- jurisdiction,
- forum,
- choice of law,
- contract liability,
- tort liability,
- CMI,
- limitation of liability,
- proximity,
- reasonable foreseeability,
- Flag State administrators,
- Trade Practices Act 1974 ...More
Abstract
This paper was presented as part of Business Session 5 on the topic of 'Classification Societies - Emerging Issues', chaired by Ross McAlpine. In it, Farquharson briefly sets out the areas in law where classification societies may have an exposure to liability if they fail to carry out their work with sufficient expertise and care, together with various possible international law and procedural law issues that might have a bearing on the issue. Farquharson restricts the focus of his review to developments in the UK, the US, and Australasia.