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The perils of the sea, proximity and seaworthiness: The loss of the Marina Iris
Citation
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
Abstract
© 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 |
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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 |
Downloads: | 0 |
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