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The perils of the sea, proximity and seaworthiness: The loss of the Marina Iris


Cain, PA, The perils of the sea, proximity and seaworthiness: The loss of the Marina Iris, Australian Journal of Maritime and Ocean Affairs, 1, (3) pp. 97-105. ISSN 1836-6503 (2009) [Refereed Article]

DOI: doi:10.1080/18366503.2009.10815643


© 2009, Copyright 2009 Taylor and Francis Group LLC. This paper considers recent case law that adds to the understanding of a much debated and litigated issue within the field of marine insurance law. The issue is about determining the proximate cause of loss of a ship. The essential question is whether the loss was due to the perils of the sea or due to the unseaworthiness of the vessel. The 2006 Marina Iris decision of the Singapore Court of Appeal determined there was a loss due to the perils of the sea. This paper examines the legal position regarding perils v unseaworthiness from an historical perspective and the impact of the Marina Iris decision.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Legal systems
Research Field:Civil procedure
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Civil justice
UTAS Author:Cain, PA (Mr Peter Cain)
ID Code:62092
Year Published:2009
Deposited By:NC Ports and Shipping
Deposited On:2010-03-10
Last Modified:2010-04-26

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