ABSTRACT

A solicitor who has spent his entire career in the marine field and the growth of the concept imported from America, that if a loss is suffered then someone must be liable for it. This chapter focuses on the liability owed by regulatory authorities in the shipping field, primarily that of the classification society. It makes some general comments about the role and liability of the classification society and about the development of the doctrine of duty of care. The judge said that foreseeability that lack of care might result in harm is good enough when the harm foreseen is physical damage. While foreseeability of reliance will not automatically give rise to a duty of care, foreseeability must play an important part. The chapter provides some general principles as to when a duty of care arises which were applied in The Morning Watch and in The Nicholas H.