ABSTRACT

The legal regimes governing liabilities of the shipowner to third parties arising out of wreck, eg for pollution damage or wreck removal, are essentially tortious or arise under statute. Where a ship is wrecked, a number of issues will arise between the cargo owner and the owners or operators of the ship, depending on what has actually happened to the cargo. Where cargo is lost, damaged or delayed by a wreck of the carrying ship, this will also affect any underlying sale of goods contract. Wreck removal is a prime example of where strict liability has been applied in maritime law. Since the wreck of the oil tanker Torrey Canyon in 1967, the legal focus of attention has shifted significantly from the commercial losses of the shipping parties directly involved in the maritime adventure and to the environmental and consequential economic losses caused by pollution.