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24 Limitation of Liability

Enforcement of Maritime Claims

24 Limitation of Liability 24.1 Limitation of liability is an accepted concept generally in the use of corporate personality to limit individual liability. In shipping it has long been accepted that in addition a shipowner or operator may directly limit liability for compensation for damage, loss or injury caused through his acts. 1 In English law such limitation now applies to all claims arising from one incident or occurrence (“global” limitation) save where because of the risk of claims for huge compensation (for example, oil pollution or nuclear damage) a special scheme has been created. Within the global regime there is a second level of limitation in respect of carriage of goods and passengers based on an amount per package or weight of cargo or number of passengers.

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