Articles
Frank Stewart Dethridge Memorial Address 1987: Some Observations on the Standard of Proof in Marine Insurance Cases with Special Reference to the 'Popi M'
Publicado 1987-10-26
Palavras-chave
- marine insurance,
- civil standard of proof,
- balance of probabilities,
- seaworthiness,
- perils of the seas
- The 'Popi M',
- civil liability,
- scuttling,
- fortuitous event ...Mais
Resumo
The author introduces this address with the statement that while the sinking of ships in unexplained circumstances in deep waters has always held an awesome fascination for those interested in the ways of the sea, in a more practical sense, such sinkings raise interesting and difficult questions of proof when the inevitable marine insurance claim is made. In the address, Carruthers focuses specifically on the phrase 'the balance of probabilities' as applied when determining the reason why a ship sank, using the case of The Popi M for illustrative purposes.