Wilful Misconduct in International Transport Law
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was
employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law
and international transport law, are examined from a comparative perspective.
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Part I Historical Background
3 Roots of Wilful Misconduct
Part II Wilful Misconduct in Transport Law
5 Carriage by Sea
6 Conventions on Other Means of Transportation
Other editions - View all
1976 London Convention act or omission air carrier Airways American Airlines American Overseas Airlines Athens Convention Basedow bill of lading cargo owners Carriage by Air carriage of passengers charterer civil law claims CMR Art common law Convention Art damage would probably DC New York degree of fault dolus eventualis Drion entitled to limit F.Supp Giemulla/Schmid Griggs/Williams/Farr gross negligence Gudermes guilty of wilful Hague Protocol Hague/Visby Rules Hamburg Rules Herber Hodges/Hill intent to cause intentional wrongdoing ISM Code knowledge that damage Leerort liability limits limitation of liability Lloyd’s Rep loss or damage Mandaraka-Sheppard Maritime master MünchKommHGB 1997 plaintiff probably result provision Puttfarken Rabe reckless conduct recklessly regarding regime right to limit risk seqq servant or agent servants and agents ship shipowner Stachow supra Thume tion tort transport law TranspR UNCITRAL unlimited liability VersR vicarious liability Warsaw Convention wilful misconduct wrongdoer Zealand High Court