The Roots and False Aspersions of Shipowner's Limitation of Liability

Posted: 18 Oct 2008

Date Written: October 14, 2008

Abstract

The doctrine of respondeat superior, although an important tool of social justice when well-tempered, is an invention for that purpose and not a feature of natural justice. The limitation of shipowner's liability as a curb on the doctrine has a long history antedating the development of corporate enterprise limitation. Around and through it the industry of sellers, owners and operators and their insurers has developed in a way that depends for economic efficiency on a system of limitation rationally related to the sizes, values and uses of their vessels in a more liberal way than corporate limitation. Nothing is to be gained socially from renouncing it, and certainly nothing from embracing a less pliant system harsher than modern maritime limitation. Unquestionably the maritime system should be kept up to date economically and socially. This cannot be done in an atmosphere of hostility to the whole idea and therefore, if it is to be done, the industry and the admiralty bar must undertake a program of study and persuasion to educate the Congress, the jeering section in the courts and others.

Keywords: lmiited liability, shipowner liability, LOLA, vessel liability, respondeat superior, vicarious liability, liability cap, liability ceiling

JEL Classification: A12, A13, D23, D6, K13, L92, N70, R48

Suggested Citation

Staring, Graydon, The Roots and False Aspersions of Shipowner's Limitation of Liability (October 14, 2008). Journal of Maritime Law and Commerce, Vol. 39, No. 3, 2008, Available at SSRN: https://ssrn.com/abstract=1284612

Graydon Staring (Contact Author)

Nixon Peabody LLP ( email )

United States
415-984-8310 (Phone)
415-984-8300 (Fax)

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