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
Date Written: December 24, 2015
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: Suggested Citation