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Table Of Contents

Introduction
Part 1 [Factual Situation and Legal Foundations]
A. The Classification of Vessels
I. The Concept of ‘Classification’
II. The Historical Development of Classification Societies
III. The Relevance of Classification Societies for the Maritime Industry
2. Marine Insurance and Classification Societies
3. The Norwegian Saleform and a Confirmation of Class
4. Charter Parties and Classification Societies
5. The Rules of a Classification Society
6. Marine Surveyors
7. Other Activities
V. The International Association of Classification Societies (IACS)
VI. Current Challenges for Classification Societies
1. The Dual Role of Classification Societies
2. Selling Safety in a Competitive Environment
3. Shipowners/Operators Have to Report Damage
4. Sub-standard Classification Societies
5. Current International Developments: Goal-based Standards
6. Classification Societies in Litigation
B. Private Operations and Public Functions in Detail
I. Private Operations
1. Contracts and Contracting Parties
2. Obligations of the Classification Society
II. Public Functions
2. Obligations of the Classification Society
Part 2 [Legal Analysis]
A. Private Functions: The Protection of Contracting Parties
I. English Law
1. Liability for Breach of Contractual Duty
2. Implied Contractual Duty to Exercise Reasonable Care and Skill
3. Tort of Negligence
4. Exemption and Limitation Clauses
II. United States Law
1. The Applicable Law: Federal or State Law
3. The Leading Precedents
a. The Great American Insurance Case
aa. The Facts
b. The Shipping Corporation of India II Case
c. The Sundance Case
e. Conclusion
III. German Law
1. The Legal Nature of the Contract
2. Liability for Breach of Contract
3. Tort Law
IV. Conclusion
B. Private Functions: Liability Towards Third Parties
2. Tort of Negligence
b. The Marc Rich Case (The “Nicholas H.”)
(1) Direct Physical Loss
(2) Voluntary Assumption of Responsibility
(3) Policy Considerations: Insurance
(1) Reasonable Reliance
(2) Policy Considerations
(3) Consequences: to Whom Are the Societies Liable?
c. Reeman v. Department of Transport
d. Perrett v. Collins and Others
e. Conclusion: Marc Rich Reasoning to be Applied to All Cases?
3. Tort of Deceit
a. Braginton v. Chapman and Others (The “Midas”)
b. Thiodon v. Tindall (The “Ibex”)
4. The Effect of Disclaimers of Liability
5. Conclusion
1. Contractual Right of Indemnity
a. The Steamship Mutual Case
b. The Gulf Tampa Drydock Case
c. The Continental Insurance Case
d. The Psarianos Case
e. Again: The Great American Insurance Case
f. Conclusions
3. Tort of Negligent Misrepresentation
a. The Coastal (Bermuda) Case
b. The Somarelf II Case
c. Again: The Sundance Case
d. The Cargill Case
e. The Otto Candies Case
f. § 311 Restatement (Second) of Torts
4. Strict Liability?
a. Abnormally Dangerous Activities
b. Liability for Defective Products
c. Conclusion
5. Tort of Fraudulent Misrepresentation
6. The Effect of Disclaimers of Liability
7. Conclusion
a. Proximity of Performance (Leistungsnähe)
b. Interest of the Contractual Creditor (Gläubigernähe)
c. Foreseeability (Erkennbarkeit)
aa. Recipients of a Confirmation of Class
bb. Passengers
dd. Insurance Companies
e. Addendum: Incorrect Information by the Shipowner
3. Culpa in Contrahendo
4. § 823 (1) BGB
c. Technical Standards as the Relevant Standard of Care
d. Other Prerequisites of § 823 (1) BGB
5. § 823 (2) BGB
6. § 826 BGB
1. Claims by Recipients of a Confirmation of Class
3. Claims by Legal Subjects Which Have not Received Information
a. Persons that Have Been Affected in Their Life or Health
b. Legal Subjects that Have Sustained Other Damage
C. Public Functions
I. Liability under English Law
1. Claims by Private Parties
a. Liability of the Classification Society
2. Recourse of the Flag State
II. Liability under United States Law
b. The Concept of Immunity
c. The Discretionary Function Exemption
III. Liability under German Law
a. Civil Liability or State Liability for the Survey of Vessels
b. Preconditions of § 839 BGB
c. State Liability as a Subsidiary Liability
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The Liability of Classification Societies 2007

The Liability of Classification Societies 2007

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Published by Hussein Elsayed

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Published by: Hussein Elsayed on Sep 15, 2012
Copyright:Attribution Non-commercial

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06/29/2013

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