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Title: Saving acts in the law of marine insurance : a study of salvage, general average and sue and labour implications
Author: Khurram, R.
Awarding Body: University of Wales Swansea
Current Institution: Swansea University
Date of Award: 2005
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Shipping concerns persons and property. Both are subjected to the inherent dangers of the sea and as such, maritime safety is, and has been, a matter of serious concern. This thesis is concerned with property endangered at sea by fortuitous events as well as through the agency of human error, and the law governing the saving of property so imperilled. The thesis addresses the three acts of saving, namely, salvage, general average and sue and labour in selective detail and examines the evolution of each, the legal principles, and their distinctive and common features within the context of indemnification or recovery under the law of marine insurance which serves as the common link. A comparative analysis of the three saving acts is carried out within this context. The relevant provisions of the Marine Insurance Act 1906 as well as express clauses pertinent to the three principal subject matters provide the foci for the discussions. Recent developments in the regimes of salvage and general average and the treatment of sue and labour in recent decisions, are addressed. It is concluded that redistribution of risks and liabilities may take different shapes and forms in maritime commerce, particularly in view of other concerns such as security of life and property at sea, coming to the forefront in the principal international maritime fora. The thesis consists of seven chapters. In the introductory chapter, the purpose of the thesis and the framework of research are set out. Chapters 2 to 5 contain detailed discussions and analyses of each of the three saving acts. The comparative analysis of the three regimes is presented in Chapter 6. In the concluding chapter a summary of the findings of the research effort and the conclusions are presented.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available