Qualifying the Hague and Visby Rules' Sea Peril Exception under English, Canadian, United States, French, Italian, and Greek Law

University of New Brunswick Law Journal, Vol. 66, 2015

28 Pages Posted: 27 Dec 2016  

Marel Katsivela

University of Ottawa - Faculty of Law

Date Written: December 24, 2015

Abstract

The present study is a comparative analysis of the international ocean carrier of goods sea peril exoneration (article 4.2.c of the Hague and the Visby Rules) following English, Canadian, United States, French, Italian and Greek law. The author analyzes the conditions of application and the main characteristics of the liability defence under the mentioned domestic laws in seeking to determine whether uniformity exists or is possible. The diversified laws and case law presented is combined with an ad hoc commentary of common law and civil law principles applicable in the respective jurisdictions.

Keywords: Sea Perils, Comparative Law Visby Rules

JEL Classification: N70

Suggested Citation

Katsivela, Marel, Qualifying the Hague and Visby Rules' Sea Peril Exception under English, Canadian, United States, French, Italian, and Greek Law (December 24, 2015). University of New Brunswick Law Journal, Vol. 66, 2015. Available at SSRN: https://ssrn.com/abstract=2889720

Marel Katsivela (Contact Author)

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, Ontario K1N 6N5
Canada

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