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The nautical fault defence- an anachronism or a concept of the future?
In context of the carriage of goods by sea, the carrier's liability for loss of or damage to the goods has always been a controversial topic, because the carrier's and the shipper's interests have to be harmonised. In order to find an equitable solution, several liability regimes have been developed...
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| Format: | Thesis |
| Language: | English English |
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Shipping Law Unit
2025
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| _version_ | 1867613330630246400 |
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| access_status_str | Open Access |
| author | Maelicke, Steffen |
| author2 | Hare, John |
| author_browse | Hare, John Maelicke, Steffen |
| author_facet | Hare, John Maelicke, Steffen |
| author_sort | Maelicke, Steffen |
| collection | Thesis |
| description | In context of the carriage of goods by sea, the carrier's liability for loss of or damage to the goods has always been a controversial topic, because the carrier's and the shipper's interests have to be harmonised. In order to find an equitable solution, several liability regimes have been developed and a catalogue of immunities has been established which exempted the carrier from his liability. One of these exonerations is the 'nautical fault' defence of the carrier. This defence exonerates the carrier from liability for loss or damage arising or resulting from act, neglect or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/42057 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:34:25.395Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Shipping Law Unit |
| publisherStr | Shipping Law Unit |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/42057 The nautical fault defence- an anachronism or a concept of the future? Maelicke, Steffen Hare, John Nautical fault In context of the carriage of goods by sea, the carrier's liability for loss of or damage to the goods has always been a controversial topic, because the carrier's and the shipper's interests have to be harmonised. In order to find an equitable solution, several liability regimes have been developed and a catalogue of immunities has been established which exempted the carrier from his liability. One of these exonerations is the 'nautical fault' defence of the carrier. This defence exonerates the carrier from liability for loss or damage arising or resulting from act, neglect or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship. 2025-10-29T06:29:39Z 2025-10-29T06:29:39Z 2000 2025-10-28T13:13:41Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42057 en eng application/pdf Shipping Law Unit Faculty of Law University of Cape Town |
| spellingShingle | Nautical fault Maelicke, Steffen The nautical fault defence- an anachronism or a concept of the future? |
| thesis_degree_str | Master's |
| title | The nautical fault defence- an anachronism or a concept of the future? |
| title_full | The nautical fault defence- an anachronism or a concept of the future? |
| title_fullStr | The nautical fault defence- an anachronism or a concept of the future? |
| title_full_unstemmed | The nautical fault defence- an anachronism or a concept of the future? |
| title_short | The nautical fault defence- an anachronism or a concept of the future? |
| title_sort | nautical fault defence an anachronism or a concept of the future |
| topic | Nautical fault |
| url | http://hdl.handle.net/11427/42057 |
| work_keys_str_mv | AT maelickesteffen thenauticalfaultdefenceananachronismoraconceptofthefuture AT maelickesteffen nauticalfaultdefenceananachronismoraconceptofthefuture |