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

journal contribution
posted on 2023-05-17, 01:55 authored by Cain, PA
© 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.

History

Publication title

Australian Journal of Maritime and Ocean Affairs

Pagination

97-105

ISSN

1836-6503

Department/School

Australian Maritime College

Publisher

Australian Association for Maritime Affairs

Place of publication

Red Hill, ACT

Repository Status

  • Restricted

Socio-economic Objectives

Civil justice

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