PHANTOM SHIP LIABILITY
September 1st, 2002
BY MONICA DOBIEPHANTOM ships may become less common on the high seas because of a Commonwealth-based law dating back to 1906, that was recently invoked for the first time in a Hong Kong court.Section 44 of the Chinese territory's Marine Insurance Act (MIA) says that a theft liability risk does not attach to a ship's cargo if the ship's managers had no intention from the outset of sailing to an agreed destination; it was used to defeat insurance claims made against mainland-China based and state-owned defendant China Insurance Company Limited by the owner of ...
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