Comparative Analysis of Classification Society Liability in English, American and Iranian Law

Document Type : Research Article

Authors

1 Assistant Professor, College of Farabi, University of Tehran, Qom, Iran

2 PhD Candidate; Oil and Gas Law at University of Tehran, Qom, Iran

Abstract

Classification societies are important and impressive entities in maritime industry which play significant roles in safety of maritime activities including carriage of goods and passengers. In spite of their roles and functions in maritime sphere, the analysis of their liabilities limits has been overlooked. Due to the surge of commercial relationships complexity and recurrence of accidents, more attention to the role and function of classification societies is being paid by injured parties.  Therefore, the injured parties have brought an action against them in order to recover the incurred loss and damage.  With regard to the importance of the classification societies and their various functions in different cases, various judicial systems have decided about the liability of these entities differently which causes the complexity of the liability regime governing them.  

Keywords

References

Alsan, M. (1389). “Concept of Fault in Civil Liability and Torts”, Islamic Law, No. 21, pp. 33-58. (in Persian)
Barber, J. (2001). Ramsgate Walkway Collapse: Ramsgate walkway collapse: legal ramifications Forensic engineering: Construction law Journal, Vol. 17.
Basedow, J. & Wurmnest, W. (2005). Third-Party Liability of Classification Societies, Springer, Hamburg Studies on Maritime Affairs.
Bermingham, V. & Brennan, C. (2008). Tort law directions, Oxford University Press.
Chapman. J. C. (1998). Collapse of the Ramsgate Walkway, The Structural Engineer, 76-1.
Chen, L. )2000(. “Legal and Practical Consequences of Not Complying with ISM Code, Maritime Policy & Management: The Flagship Journal of International Shipping and Port Research”, Vol. 27.
Chitty Joseph, H. G. Beale (2004). Chitty on contracts, Sweet & Maxwell, 29 th edition.
Clark (1991). “Ship Classification isn’t Insurance Policy, Appeals Court Rules”, Sea Law, Vol. 3, published at http://www.navlaw.com
Jackson & Powell (1997). on Professional Negligence (Common Law Library) Sweet & Maxwell; 4th Revised edition.
Katoozian, N. (1380). General Principles of Contracts, the third editions, Tehran, Sahami Enteshar company. (in Persian)
---------------. (1387). Extra Contractual Obligations, the eighth edition, Tehran, University of Tehran. (in Persian)
Lagoni, N. (2007). The Liability of Classification Societies, Springer, Hamburg Studies on Maritime Affairs.
Lawson, R. (1995). Exclusion Clauses and Unfair Contract Terms Sweet & Maxwell Ltd.
M. Antapassis, A. (2007). “Liability of Classification Societies”, Electronic Journal of Comparative Law, Vol. 11.3.
Noori, M. (1375). Introduction to P&I Clubs, Insurance Study, 44. (in Persian) 70-79.
Qamami, M. (1373). Civil Liability of State against its Employees, Tehran, Dadgostar. (in Persian)
S. Hanash, R. (1992). Environmental liability of government contractors: A practice guide for the corporate counselor (Corporate practice series Bureau of National Affairs (1992) Vol. 9.
Saville, James A. (2007). Classification societies and limitation of liability’ 81 Tul. L. Rev. 1399.
Shabani Jahromi, F. (1397). Drilling Law, Tehran, Sahami Enteshar Company. (in Persian)
Stanton, K. M., Skidmore, P., & Harris, M. (2003). Statutory Torts Sweet & Maxwell.
Tbatabaai Moatameni Manouchehr (1373). Administrative Law, Samt. (in Persian)
Private Law
Volume 17, Issue 2
Autumn & Winter
October 2020
Pages 427-452

Files

Share

How to cite

Statistics