Under llmc , what all claims are included and excluded ?



223 Views | Rohit Lal | ANSWER |
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Under the 1976 Convention limits are
specified for two types of claims:
1) claims for loss of life or personal injury; and
2) property claims (such as damage to other
ships, property or harbour works).

Claims excepted from limitation-
a) claims for salvage or contribution in
general average;
b) claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage, dated 29 November 1969, or of any amendment or Protocol thereto which is in force;
Note- Pollution caused by bunker spilled from ships other than tankers is covered by the Bunker Pollution Convention. Bunker Convention,does not contain a standalone limitation in itself but refers to an applicable national or international regime such as LLMC 1976
c) claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage;
d) claims against the shipowner of a nuclear ship for nuclear damage;
e) claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of
service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 6.

Arjun Verma | | EDIT | REPLY


tags  MMD / MCA ORALS MASTER EXAM
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