International carriage of passengers by sea

著者

書誌事項

International carriage of passengers by sea

Kate Lewins

Sweet & Maxwell, Thomson Reuters, 2016

大学図書館所蔵 件 / 全3件

この図書・雑誌をさがす

注記

Includes bibliographical references and index

内容説明・目次

内容説明

International Carriage of Passengers by Sea considers the complexities involved in the law applicable to contracts for the carriage of passengers by sea in England, Australia and Singapore. After outlining the international framework for the regulation of passenger ships, it describes and analyses the particular legal issues surrounding contracts for the carriage of passengers by sea. It considers the law of contract as it applies to carriage of passengers, the relevant international conventions governing carrier liabilities (with particular emphasis on the Athens Convention 1974 and Athens Convention 2002) and the effect of applicable statutory interventions operating in England, Australia and Singapore. Main features: Outlines the regulation of passenger ships at sea under international law Explains and analyses common law principles of contract as they apply to passenger contracts (in particular the law relating to incorporation of and interpretation of standard terms) and outlines the effect of relevant consumer protection laws in England, Australia and Singapore Discusses the history, application and critical provisions of the Athens Convention 1974, the Athens Convention 2002, and the Athens Regulation (EU) 2012 together with analysis of relevant case law Explains the operation of international conventions limiting liability for maritime claims against carriers as they may operate in relation to passenger claims Considers the nature of the carrier's duty to exercise due care in tort and contract in the context of personal injury, death and property damage claims both at common law and pursuant to the domestic statutes of each jurisdiction Considers pecuniary claims and 'consumer' claims relating to non-performance or defective performance of a contract of carriage, (including damages for loss of enjoyment and disappointment) under general law and statute Discusses claims for damages for loss of enjoyment/ disappointment and distress Deals with the practical aspects of bringing a claim: time bars, notice provisions, jurisdiction clauses and disputes as to court jurisdiction Includes, as Appendices, a number of International Conventions and EU Regulations, such as the Athens Convention 1974, Athens Convention 2002, Athens Regulation (EU) 2012 and EU Regulation No 1177/2010 (rights of passengers travelling by sea and inland waterways).

目次

  • Passengers and shipping
  • Regulation of ships on international voyages
  • The push for further regulation of safety of cruise ships
  • Other regulatory matters
  • The contract: overview
  • Formation of contract
  • Proper construction of contractual terms
  • Principles of interpretation
  • Statutory amelioration of full effect of contractual terms
  • International conventions: Introduction # liability conventions
  • Two types of limitation Conventions for passenger claims
  • Scope of Convention
  • Part I#voyages to which the Convention applies
  • Scope of Application Part II #Period of application
  • Scope of Application III # What types of claims are recoverable?
  • Basis of liability for personal injury or death under Athens Convention
  • General Limitation Conventions
  • Passenger #consumer# claims # introduction
  • Claims by passengers against cruise ship operators
  • Pecuniary claims
  • Non pecuniary claims
  • Dispute resolution # introduction
  • Commencing proceedings: considering jurisdiction
  • Courts with jurisdiction over passenger claims # England
  • Courts with jurisdiction over passenger claims # Australia
  • Courts with jurisdiction over passenger claims # Singapore
  • Settlement
  • Appendices

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