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The South African application of the global phenomenon of limitation of liability and the impact of proposed amendments to the South African legislation
A person who suffers loss, damage or some other form of damage as the result of another party’s action, may in these instances invoke the law of the country in order to claim damages. The damages which are claimed are aimed at compensating the person who has suffered a loss and are based on the law...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2020
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| _version_ | 1867614410597466112 |
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| access_status_str | Open Access |
| author | Fakir, Somaya |
| author2 | Bradfield, Graham |
| author_browse | Bradfield, Graham Fakir, Somaya |
| author_facet | Bradfield, Graham Fakir, Somaya |
| author_sort | Fakir, Somaya |
| collection | Thesis |
| description | A person who suffers loss, damage or some other form of damage as the result of another party’s action, may in these instances invoke the law of the country in order to claim damages. The damages which are claimed are aimed at compensating the person who has suffered a loss and are based on the law of delict and contract. In South Africa, the stakes are a bit higher in so far as the claimant will need to show that the damage was foreseeable, that there was causation and further remoteness which are all listed as the deciding factors in a claim for liability1 . To this end, Maritime Law in South Africa has a primary exclusion which is applied to the shipowners2 right to limit his/her liability based on the causative enquiry into “actual fault or privity”3 . Causative actual fault or privity is thus the primary exclusion for a shipower’s right to limit his liability and is extensively based on the English Law rules. The concept of Limitation of Liability has extensive history in so far as its evolution is concerned and currently acts as a 'basic premise upon which maritime commerce is conducted4 ’. Based on the importance of the concept and the issues around the South African application of the rules and interpretation of legislation in decided cases, the South African Government has published a draft Merchant Shipping Bill (draft MSB)5 for comment. Among other changes it proposes, is that it advocates the replacement of the current dispensation on limitation of shipowners’ liability with that contained in the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC)6 |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/31162 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:51:36.337Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/31162 The South African application of the global phenomenon of limitation of liability and the impact of proposed amendments to the South African legislation Fakir, Somaya Bradfield, Graham commercial law A person who suffers loss, damage or some other form of damage as the result of another party’s action, may in these instances invoke the law of the country in order to claim damages. The damages which are claimed are aimed at compensating the person who has suffered a loss and are based on the law of delict and contract. In South Africa, the stakes are a bit higher in so far as the claimant will need to show that the damage was foreseeable, that there was causation and further remoteness which are all listed as the deciding factors in a claim for liability1 . To this end, Maritime Law in South Africa has a primary exclusion which is applied to the shipowners2 right to limit his/her liability based on the causative enquiry into “actual fault or privity”3 . Causative actual fault or privity is thus the primary exclusion for a shipower’s right to limit his liability and is extensively based on the English Law rules. The concept of Limitation of Liability has extensive history in so far as its evolution is concerned and currently acts as a 'basic premise upon which maritime commerce is conducted4 ’. Based on the importance of the concept and the issues around the South African application of the rules and interpretation of legislation in decided cases, the South African Government has published a draft Merchant Shipping Bill (draft MSB)5 for comment. Among other changes it proposes, is that it advocates the replacement of the current dispensation on limitation of shipowners’ liability with that contained in the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC)6 2020-02-18T11:10:37Z 2020-02-18T11:10:37Z 2019 2020-02-18T10:41:22Z Master Thesis Masters LLM http://hdl.handle.net/11427/31162 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | commercial law Fakir, Somaya The South African application of the global phenomenon of limitation of liability and the impact of proposed amendments to the South African legislation |
| thesis_degree_str | Master's |
| title | The South African application of the global phenomenon of limitation of liability and the impact of proposed amendments to the South African legislation |
| title_full | The South African application of the global phenomenon of limitation of liability and the impact of proposed amendments to the South African legislation |
| title_fullStr | The South African application of the global phenomenon of limitation of liability and the impact of proposed amendments to the South African legislation |
| title_full_unstemmed | The South African application of the global phenomenon of limitation of liability and the impact of proposed amendments to the South African legislation |
| title_short | The South African application of the global phenomenon of limitation of liability and the impact of proposed amendments to the South African legislation |
| title_sort | south african application of the global phenomenon of limitation of liability and the impact of proposed amendments to the south african legislation |
| topic | commercial law |
| url | http://hdl.handle.net/11427/31162 |
| work_keys_str_mv | AT fakirsomaya thesouthafricanapplicationoftheglobalphenomenonoflimitationofliabilityandtheimpactofproposedamendmentstothesouthafricanlegislation AT fakirsomaya southafricanapplicationoftheglobalphenomenonoflimitationofliabilityandtheimpactofproposedamendmentstothesouthafricanlegislation |