ISBN: 3540261842
TITLE: Third Party Liability of Classification Societies
AUTHOR: Basedow/Wurmnest
TOC:

Preface V
Summary Contents VII
About the Authors XIII
Abbreviations XV
Introduction 1
Part 1: The Role of Classification Societies in the Shipping Industry 5
A. Scope of Activities 5
B. Economic Background of Ship Classification 7
C. Class and Classification Rules 8
D. Classification Surveys 9
E. Conclusion 13
Part 2:	Third-Party Liability of Classification Societies in
 Selected Legal Systems 15
A. England 15
I.	Basic Principles 15
II.	Liability under the Tort of Negligence 16
B. New Zealand 21
C. Australia 22
I.	Basic Principles 22
II. Liability under the Tort of Negligence 23
D. United States of America 26
I.	Basic Principles 26
II.	Liability under the Tort of Negligence 27
III. Liability under die Tort of Negligent Misrepresentation 30
E. France 33
I.	Basic Principles 33
II. The Case Law 35
1. Ship Buyer Cases 35
2. Other Third-Party Cases 37
F. Conclusion 38
Part 3:	The Basis for Liability under German Law 39
A. Third-Party Liability for Advice and Recommendation -
Systematic Foundations 39
I.	Legislative Restraint 39
II.	Extension of Third-Party Liability in Case Law 40
III. Conclusion 43
B. Contract to Provide Information  44
C. Contract with Protectioe Effects towards Third Parties 45
I.	Basic Concept 46
1. Classification Agreements 46
2. Legal Basis 47
3. Prerequisites for Expanding the Scope of Protection
 to Third Parties 48
4. Further Conditions for Damages Claims 50
II.	Application to Classification Agreements 50
l. Differences as Compared to Typical Cases of Professional Liability 51
2. Restricting the Group of Claimants 52
3. Limitations of Liability in Martitme Law 53
4. Pure Economic Loss 56
III. Scope of Protection - Selected Third Parties 59
1. Ship Purchasers 59
a) Groundwork 59
b) Class Confirmation based an Records as they Stand 63
c) Class Confirmation after Special Survey 64
d) Erroneous Certification at Routine Surveys 65
2. Hull Underwriters 66
3. Shippers and Freight Forwarders 67
4. Cargo Underwriters 69
5. Crew Members and Passengers 69
6. Conclusion 72
D. Claims based an the Doctrine of Culpa in Contrahendo 72
I.	Prospectus Liability 73
II. Liability of Agent Availing Himself of Special Relationship
 of Trust 74
III. Conclusion 75
E. Claims based an the Law of Delict 75
I.	Liability under  823 (1) BGB 75
II. Liability under  823 (2) BGB 76
III. Liability under  826 BGB 77
IV Vicarious Liability under  831 (1) BGB 78
V. Product Liability 78
Vl. Conclusion 81
F. Conclusion 81
Part 4:	The Extent of Liability under German Law - Selected Issues 83
A. Contributory Negligence 83
I.	Misconduct by the Injured Party 83
II. Misconduct by Third Parties 84
B. Limitation of Liability 85
I.	Background 85
II.	Validity of Limitation of Liability Clauses 86
1. Restriction to Supplementary Performance 87
2. Liability Caps and Exclusions for Ordinary Negligence 87
a) Exclusion for Ordinary Negligence 88
b) Liability Caps 91
c) Limitation to Foreseeable Damage 91
3. Limiting the Personal Liability of Directors, Officers and Agents 92
4. Conclusion 93
III. Validity of Limitation of Liability Clauses towards Third Parties 94
1. Straightforward Cases 94
2. Liability Limitations and Contracts Having Protective Effects
towards Third Parties 94
a) Subject-matter Review of Standard Contract Terms 95
b) Reliance an Liability Limitations does not Violate the Principle of Good Faith 96
C. Conclusion 98
Part 5: Conclusion 101
Bibliography 105
Table of Cases 113
Table of Main Statutes 117
Index 121
END
