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" Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly... "
Cargo Liability and the Carriage of Goods by Sea Act (COGSA): Oversight ... - Page 248
by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine - 1992 - 484 pages
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Hague Protocol to Warsaw Convention: Hearings : Eighty-ninth Congress, First ...

United States. Congress. Senate. Committee on Foreign Relations - International Conference on Private Law Affecting Air Questions - 1965 - 140 pages
...American case in 1953 to mean something far more difficult to prove: an intentional act done with either intent to cause damage or recklessly •with knowledge that damage would probably result. Jane Froman lost her case because the jury, quite naturally, refused to believe that any pilot would...
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Hague Protocol to Warsaw Convention: Hearing, 89-1

United States. Congress. Senate. Foreign Relations - 1965 - 136 pages
...American case in 1953 to mean something far more difficult to prove: an intentional act done with either intent to cause damage or recklessly with knowledge that damage would probably result. Jane Froman lost her case because the jury, quite naturally, refused to believe that any pilot would...
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Quellen Des Internationalen Einheitsrechts

Konrad Zweigert, Jan Kropholler - Law - 1972 - 1036 pages
...the limitation of liability provided for in Article 6, if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result. Article 8 The provisions of this Convention shall...
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United States Congressional Serial Set

United States - 1987 - 948 pages
...— Liability may be limited unless it is proved that pollution damage was caused by the owner's act with intent to cause damage, or recklessly with knowledge that damage would probably result.* (Art. 6.2) —To limit his liability, the owner must constitute a fund with the court or other competent...
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Basic Documents on International Trade Law

Chia-Jui Cheng, Jiarui Cheng - Law - 1990 - 1004 pages
...limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result. (f) The declaration mentioned in subparagraph...
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Essays on Aviation and Travel Law in Hong Kong

G.N. Heilbronn - Law - 1990 - 200 pages
...can establish either 'wilful misconduct' under the Warsaw Convention,4* or that the act, etc., was done with intent to cause damage or recklessly with knowledge that damage would probably result'.47 However, this is more difficult to do in the case of delay than in a situation where an...
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The Hamburg Rules: A Choice for the EEC? : International Colloquium Held on ...

Francesco Berlingieri, European Institute of Maritime and Transport Law - Bills of lading - 1994 - 244 pages
...be entitled to the benefit of limitation of liability if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result". Art. IV bis r.4 "...a servant or agent of the...
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Statutes on International Trade 3/e

Carr - Law - 2000 - 811 pages
...limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result . (f) The declaration mentioned in sub-paragraph...
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Carriage of Goods by Sea Act (COGSA) and S. 943 and H.R. 2005, the Death on ...

United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Surface Transportation and Merchant Marine - Law - 1999 - 92 pages
...And the liability limitations will not apply if it is proved that the loss or damage resulted from an act or omission of the carrier done with intent to cause such loss or where the carrier acts recklessly and with knowledge that such loss would probably result....
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Modern Admiralty Law

Aleka Mandaraka-Sheppard - Law - 2011 - 1108 pages
...liability provided for in Art 6 if it is proved that the loss, damage, or delay in delivery resulted from an act or omission of the carrier done with intent to cause such loss, damage or delay, or recklessly and with knowledge that such loss, damage or delay would...
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