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Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law
Includes abstract.
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2014
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| _version_ | 1867613224520646656 |
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| access_status_str | Open Access |
| author | Rochester, Vanessa |
| author2 | Hare, John |
| author_browse | Hare, John Rochester, Vanessa |
| author_facet | Hare, John Rochester, Vanessa |
| author_sort | Rochester, Vanessa |
| collection | Thesis |
| description | Includes abstract. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4544 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:44.899Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| 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:11427/4544 Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law Rochester, Vanessa Hare, John Commercial Law Includes abstract. Includes bibliographical references (leaves 289-330). The debate surrounding the nautical fault exemption has recently been revived in the context of the negotiation and drafting of the UNCITRAL Draft Convention on the Carriage of Goods [Wholly or Partly] [By Sea]. Indeed, the concept of nautical fault has been debated in academic, legislative, and industry circles for decades, with the issue resurfacing each time an attempt is made to modernize the law of carriage of goods by sea, either domestically or internationally. The frequency of debate by no means implies a comprehensive understanding of nautical fault. Rather, the importance of nautical fault and the role it plays in modern carriage law is often misunderstood and underplayed. The majority of commentators and cargo interests view the nautical fault exemption solely as an anachronistic holdover from an earlier era in shipping. This thesis challenges the modern assumptions surrounding nautical fault by demonstrating both its importance and it relevance to the modern law of carriage of goods by sea. This thesis therefore attempts to reconcile all the factors impacting and impacted by nautical fault, and provide a clear, complete and comprehensive study of the exemption. 2014-07-30T18:08:56Z 2014-07-30T18:08:56Z 2008 Doctoral Thesis Doctoral PhD http://hdl.handle.net/11427/4544 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Rochester, Vanessa Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law |
| thesis_degree_str | Doctoral |
| title | Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law |
| title_full | Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law |
| title_fullStr | Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law |
| title_full_unstemmed | Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law |
| title_short | Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law |
| title_sort | nautical fault a historical and multi jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/4544 |
| work_keys_str_mv | AT rochestervanessa nauticalfaultahistoricalandmultijurisdictionalstudyoftheexemptionforerrorsrelatingtonavigationandmanagementofthevesselinmoderncarriagelaw |