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Damages, Recoveries and Remedies in Shipping Law [Pehme köide]

Edited by (Institute of International Shipping and Trade Law, University of Wales, Swansea, UK)
  • Formaat: Paperback / softback, 324 pages, kõrgus x laius: 246x174 mm, kaal: 680 g
  • Sari: Maritime and Transport Law Library
  • Ilmumisaeg: 13-Mar-2025
  • Kirjastus: Informa Law
  • ISBN-10: 1032453060
  • ISBN-13: 9781032453064
  • Formaat: Paperback / softback, 324 pages, kõrgus x laius: 246x174 mm, kaal: 680 g
  • Sari: Maritime and Transport Law Library
  • Ilmumisaeg: 13-Mar-2025
  • Kirjastus: Informa Law
  • ISBN-10: 1032453060
  • ISBN-13: 9781032453064

This edited volume brings together contributions from experienced academics and practitioners in shipping law to consider the crucial subject of remedies in shipping litigation.

The collection takes a close look at the established principles and recent legal, commercial and technical developments in the area of remedies in shipping law. It is divided into three parts. The first part focuses on fundamental common law principles concerning damages, including approaches to topics such as damages for delay and what happens when a charter is thrown over early; the reflective loss rule; mitigation; and the problem of cryptocurrency. The second part considers technology and how it affects contracts and remedies, including the use of new technologies and the development of new liability regimes. The third part explores contractual remedies other than simple compensatory damages, considering issues such as limitation of liability, punitive damages, specific remedies, third party claims and liabilities, and anti-suit injunctions.

Written for lawyers and administrators not only in England and Wales but worldwide (especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore and India), the book will also be of interest to specialist maritime law firms in the USA. It will be a valuable addition to specialist law libraries within Europe and the USA, and to university libraries where maritime and shipping law are taught as specialist subjects.



This edited volume brings together contributions from experienced academics and practitioners in shipping law to consider the crucial subject of remedies in shipping litigation, covering established principles and recent legal, commercial and technical developments.

Arvustused

"There are many texts, some old, some new, dealing with the conditions for liability in shipping law but few, if any, deal in great detail with the important question of remedies as completely and satisfyingly as this book does. However large a shipping lawyer's library of the canonical texts on key areas of practice, this book will surely add something of value to it."

Martine Davies, Admiralty Law Institute Professor of Maritime Law, Tulane University Law School, The Journal of International Maritime Law Vol. 29 Issue 6, UK

Part I. Damages: Fundamental Principles and New Frontiers
1. Limitations
to and Deductions from Contractual Damages
2. The Reflective Loss Doctrine
and Shipping Law: Can We Write It Off yet?
3. Mitigation Is it Relevant
when Assessing Damages for Breach of Charterparty?
4. Prospects of Recovering
Damages for Delay in Shipping Cases
5. Limits on a Shipowners Right to
Refuse Early Redelivery of a Time-Chartered Vessel
6. Ship Sellers Potential
Duty of Care in respect of Buyers Dismantling of Vessel
7. Judgments in
Bitcoin? Part II. Emerging Liability Regimes and Damages
8. Remedies for
Smart Legal Contracts: Rectification and Rescission Reconsidered
9. The
Internet of Things in the Commercial Insurance Context A Case for
Regulation, or for Commercial Shrewdness and Judicial Creativity?
10. Digital
Banking and Liability Issues
11. Control Centres in the Context of Unmanned
Ship Operations Their Status and Potential Liabilities
12. Shipping
Operators Obligations & Liabilities under the International and EU Emission
Reduction Strategy
13. Damages for Late Payment of Insurance Claims Part III.
Other Remedies and Third Parties
14. Specific Remedies in Shipping Specific
Performance, Specific Enforcement and the interaction of Negotiating
Damages
15. The Rebirth of the European "Anti-Suit Injunction" Issue
Post-Brexit
16. Punitive Damages in Maritime Cases A View from Across the
Pond
17. Limitation of Liability New Trends
18. Am I My Brothers Keeper?
Liability in Tort for the Acts of Third Parties
19. Third Party Loss in
Carriage of Goods by Sea
Bar Soyer is the Director of Institute of International Shipping and Trade Law (Swansea University) and author/editor of several books published in the fields of maritime and insurance law.