Breaking the Liability Limits in Multimodal Transport

26 Pages Posted: 5 Apr 2013

See all articles by Duygu Damar

Duygu Damar

Max Planck Institute for Comparative and International Private Law

Date Written: March 15, 2013

Abstract

Limitation of liability is a feature of transport law. Generally, personal wilful misconduct of the carrier must be proven by the claimant in order to break those liability limits. Since there is no generally accepted international regime for multimodal transport, other international instruments or national regimes must be applied to the issue. This article analyses the issues arisen from the lack of a uniformal regime for multimodal transport.

This article is published in this Research Paper Series with the kind permission of the Tulane Maritime Law Journal in accordance with its Author/Journal Publication Agreement and Copyright License. For further information on the Journal, please visit its website.

Keywords: Limitation of liability, willful misconduct, carriage by sea, carriage by air, carriage by road, carriage by rail, carriage by inland waterways, multimodal transport, unlocalized damage, personal fault, corporate liability

Suggested Citation

Damar, Duygu, Breaking the Liability Limits in Multimodal Transport (March 15, 2013). Tulane Maritime Law Journal (Tul. Mar. L.J.), Vol. 36, No. 2, pp. 659-683, Summer 2012; Max Planck Private Law Research Paper No. 13/12. Available at SSRN: https://ssrn.com/abstract=2233925

Duygu Damar (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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