Freedom of contract approach vs. exemption from liability approach

7. Proposed law absolving persons of liability to compensate

Exhibit V

2. Liability 51 73 17

However, one delegation has expressed the view that provided that the actual shipper is liable, the contractual shipper should be relieved of his liability.

The Code also stipulates that the State must assume liability for personal harm if it proves impossible to identify the person responsible for payment of compensation under the terms of the provisions governing responsibility or liability for illicit acts, unless the failure to identify the person responsible or liable therefor is attributable to a fault on the part of the victim or one of his heirs (art. 256).

Another possibility for limiting the liability consisted in excluding liability for certain types of damages, such as consequential damages.

J. Question of liability

Nature of liability

Limits of liability

(c) Aviation liability

(d) Demining liability.

Paragraph 1 of this Article does not affect the responsibilities, liabilities, rights or immunities of the shipper.

Reservations were expressed, however, about the possibility that a certification authority might avoid liability for its own negligence by virtue of liability exemption clauses or disclaimers contained in the certification practice statement or in any other document issued by that certification authority.

Questions were raised concerning the nature of the liability of the certification authority, in particular whether such liability would be based on negligence or whether it would be defined as strict liability , a notion which was also referred to as objective liability or no fault liability .

The only effect of this judgment was to exonerate the European Community from liability under EC law.

Liability of the Tribunal

Models of existing liability and compensation regimes revealed that State liability was more of an exception than the rule.

It was recalled that the approach taken in article 5 (5) of the Hamburg Rules was based on exemption from liability and exempted the carrier from liability only for loss, damage or delay in delivery of live animals resulting from any special risks inherent in that kind of carriage.

Minimum standard of liability

The Working Group was reminded of its earlier discussion concerning consumer issues and the liability of a certification authority and the possible limitations or exclusions of liability pursuant to national law or the certification authority apos s certification practice statement.

VII. Aviation liability policy

The minimum wage shall be exempt from attachment, compensation, or deduction.

However difficult the subject might be, involving aspects of both contractual and tortious liability, the prevailing view was that the question of the liability of certification authorities should be dealt with in the uniform rules.

It begins by defining liability for personal acts and goes on to define a person apos s liability, in certain specific cases, for the acts of others and for damage caused by incorporeal things.

Liability for intentional or reckless behaviour

Comparative table on limitation levels of carrier liability

(g) any limitation of the liability of the certification authority

VI. Demining liability policy

If introduced, liability limits and exemptions should be pursuant to the law or should be approved by public authorities.

In this regard, there is a certain validity in giving more attention to the issue of liability (if not civil liability per se) rather than responsibility.

Primary liability should rest with the operator.

If it is the intention of the parties that the clause makes the cargo side responsible for loading, stowage or discharging, a carrier may be relieved from liability for the consequences of improper stowage, but only within the scope of the liability system outlined in article 17 (previously 14).

Scope of the cover and exclusions

It was noted that such a liability scheme, which was similar to schemes contemplated in some national laws concerning product liability, would provide additional protection to service users, without however imposing strict liability on the certification authority.

Moreover, the working assumption is that the draft instrument would also apply to multimodal contracts that include a sea leg.

Moreover, liability might be excepted when, for instance, the damage had been the result of armed conflict, hostilities, civil war or insurrection or the result of a natural phenomena.

(c) Transfer to the injured person any compensation obtained for the injury from the responsible State subject to any reasonable deductions.

(a) Obligations stipulated in Article 13 (1)(a) and (b) and liability arising from the breach thereof or limitation of that liability

(d) Any other means of limiting the liability of the Organization.

Such a limit has been introduced recently in respect of reimbursements for death and disability benefits compensation and liability for third party claims.

Variant Y The ... the enacting State specifies the organ or authority competent to promulgate liability regulations may promulgate regulations on the liability of certification authorities.

In case it causes losses, it should be liable for compensation according to laws.

Principle 36 Rights and duties arising out of the obligation to make reparation

PRINCIPLE 36. RIGHTS AND DUTIES ARISING OUT OF THE OBLIGATION TO MAKE REPARATION