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CHAPTER 7 Third party protection under English law

Third Party Protection in Shipping

Page 89


Third party protection under English law

Third party protection under English law

7.1 As one of the leading English cases has expressed, and many other commentators have already corroborated, ‘Denying validity to the clause would be to encourage action against servants, agents, and independent contractors in order to get round exemptions’.1 This is because cargo owners can also sue parties other than contracting parties in tort.2 Third party protection has, however, been a contentious issue not only in English law in general, but also in maritime law.

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