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A critical analysis of the implied obligation against unjustified deviation: Is the rule still relevant to the modern law on carriage of goods by sea?

Alawneh, Tariq (2015) A critical analysis of the implied obligation against unjustified deviation: Is the rule still relevant to the modern law on carriage of goods by sea? Doctoral thesis, University of Huddersfield.

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Abstract

The general area of this research is shipping law, more specifically the law governing the carriage of goods by sea. The research has been narrowed down to the implications of terms into contracts of affreightment, and then further narrowed down to the concept of deviation. The specific research question is whether or not the concept of deviation is still relevant to the law governing the carriage of goods by sea in the modern era. While this question has been posed before in the academic literature, it has never been discussed in sufficient depth. The researcher was therefore able to identify gaps in the literature through the literature review which the research has attempted to fill.
The thesis on which the research is based is that the principle of deviation is a long standing and very important rule of law which form an integral part of the law and practice governing the carriage of goods by sea. However, a multi-jurisdictional review of both primary sources (i.e. conventions, statutes and cases) and secondary sources (academic literature) in relation to deviation indicates that there are many conceptual, legal and practical problems associated with the principle.
Adding to this problem is the concept of quasi deviation in some jurisdictions such as the United States where there continues to be conflicting approaches to the concept even within the various federal circuits. Therefore the hypothesis of this study is based on the need for legal reform. Chapters 1 and 2 provide the background to the study as well as the conceptual framework for the research, including the literature review. The main research aims, objectives and research questions are addressed in Chapters 3, 4 and 5. Chapter 6 concludes the research by presenting the findings and recommendations together with an outline of the research contribution.

Item Type: Thesis (Doctoral)
Subjects: K Law > K Law (General)
Schools: The Business School
Depositing User: Elizabeth Boulton
Date Deposited: 26 Oct 2015 11:43
Last Modified: 01 Dec 2016 12:16
URI: http://eprints.hud.ac.uk/id/eprint/26283

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