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Damages, Recoveries and Remedies in Shipping Law

Damages, Recoveries and Remedies in Shipping Law

Author: Baris Soyer
Publisher: Informa Law from Routledge
ISBN: 9781032453064

Published In: March 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781032453033

AU$351.00

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Description
Contents

Details

This edited volume brings together contributions from experienced academics and practitioners in shipping law to consider the crucial subject of remedies in shipping litigation.

The collection takes a close look at the established principles and recent legal, commercial and technical developments in the area of remedies in shipping law. It is divided into three parts. The first part focuses on fundamental common law principles concerning damages, including approaches to topics such as damages for delay and what happens when a charter is thrown over early; the reflective loss rule; mitigation; and the problem of cryptocurrency. The second part considers technology and how it affects contracts and remedies, including the use of new technologies and the development of new liability regimes. The third part explores contractual remedies other than simple compensatory damages, considering issues such as limitation of liability, punitive damages, specific remedies, third party claims and liabilities, and anti-suit injunctions.

Written for lawyers and administrators not only in England and Wales but worldwide (especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore and India), the book will also be of interest to specialist maritime law firms in the USA. It will be a valuable addition to specialist law libraries within Europe and the USA, and to university libraries where maritime and shipping law are taught as specialist subjects.

Part I. Damages: Fundamental Principles and New Frontiers

1. Limitations to and Deductions from Contractual Damages

2. The Reflective Loss Doctrine and Shipping Law: Can We Write It Off yet?

3. Mitigation - Is it Relevant when Assessing Damages for Breach of Charterparty?

4. Prospects of Recovering Damages for Delay in Shipping Cases

5. Limits on a Shipowner's Right to Refuse Early Redelivery of a Time-Chartered Vessel

6. Ship Seller's Potential Duty of Care in respect of Buyer's Dismantling of Vessels

7. Judgments in Bitcoin?

Part II. Emerging Liability Regimes and Damages

8. Remedies for Smart Legal Contracts: Rectification and Rescission Reconsidered

9. The Internet of Things in the Commercial Insurance Context - A Case for Regulation, or for Commercial Shrewdness and Judicial Creativity?

10. Digital Banking and Liability Issues