Date of Award

2016

Document Type

Dissertation

Degree Name

Master of Science in Maritime Affairs

Specialization

Maritime Law & Policy

Campus

Malmö, Sweden

Country

South Africa

First Advisor

Patrick Donner

Abstract

The dissertation is a study of the South African limitation of liability for maritime

claims regime in relation to the International conventions on the subject. South

Africa is not a party to the limitation of liability international conventions. South

African limitation legislation is considered and compared to the International

conventions on certain aspects.

Judicial perspectives of certain aspects in relation to the concept of limitation of

liability, like, inter alia, onus of proof, conduct barring limitation and forum

shopping are discussed. In the South African limitation regime, shipowners can

discharge the onus by proving an absence of fault or privity. Certain untested

features of the South African limitation regime are identified.

Included in

Admiralty Commons

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