Thursday, December 06, 2012

Second Circuit -- MAN Ferrostaal, Inc. v. M/V Akili

Vessel's in rem liability for damage to cargo is common-law, not statutory.  Statute assumes the fact of liability, it doesn't create the cause of action.

Even if vessel is outside of the statutory description, common-law liability can still attach.

Terms of charter party bar waiver of in rem liability.

Entirety of terms of statute or agreement referenced between parties attach, regardless of Appliciability Provision in the referenced agreement.

Bailment theory allows in personam liability.

MAN Ferrostaal, Inc. v. M/V Akili
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.