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" Rules. 4. Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this article, if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage... "
Cargo Liability and the Carriage of Goods by Sea Act (COGSA): Oversight ... - Page 188
by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine - 1992 - 484 pages
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Department of State Publication: International organization and ..., Issue 34

Congresses and conventions - 1958 - 224 pages
...cases in which the "damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and...with knowledge that damage would probably result." In the case of a servant or agent, he must have been acting within the scope of his employment. This...
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The Code of Federal Regulations of the United States of America

Administrative law - 2003 - 940 pages
...of preventing or minimizing the discharge; and (ii) Except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result. (b) [Reserved] [CGD 75-134a, 48 FR 45709, Oct. 6, 1983. Ģi amended by CGD 88-002, 54 FR 18404, Apr....
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The Code of Federal Regulations of the United States of America

Administrative law - 1988 - 1056 pages
...purpose of preventing or minimizing the discharge; and (U) Except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result. (b) [Reserved] 9151.13 Special areas. (a) For the purposes of this part the special areas are the Mediterranean...
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International Organization and Conference Series I-IV., Part 1, Issue 34

United States. Department of State - 1958 - 224 pages
...cases in which the "damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and...with knowledge that damage would probably result." In the case of a servant or agent, he must have been acting within the scope of his employment. This...
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Air Laws and Treaties of the World: An Annotated Compilation

William Strauss - Aeronautics - 1961 - 1486 pages
...limits. 3. The provisions of paragraphs 1 and 2 of this article shall not apply if it Is proved that the damage resulted from an act or omission of the servant...with knowledge that damage would probably result." Article XV. In Article 26 of the Convention — paragraph 2 shall be deleted and replaced by the following:...
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Hague Protocol to Warsaw Convention: Hearing, 89-1

United States. Congress. Senate. Foreign Relations - 1965 - 136 pages
...it is proved that the damage resulted from an act or omission of the carrier, his servants or agents done with intent to cause damage or recklessly and with knowledge that damage would probably result; * * *" Thus the Hague Protocol substitutes for the current definition of "willful misconduct" the Jane...
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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
...it is proved that the damage resulted from an act or omission of the carrier, his servants or agents done with intent to cause damage or recklessly and with knowledge that damage would probably result; * * *" Thus the Hague Protocol substitutes for the current definition of "willful misconduct" the Jane...
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International Law Reports, Volume 34

E. Lauterpacht - Law - 1967 - 820 pages
...is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he...
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Recueil Des Cours, Collected Courses 1963-ii, Volume 109

Law - 1968 - 620 pages
...is proved that the damage resulted from an act or omission of the operator, his agents or servants, done with intent to cause damage, or recklessly and...with knowledge that damage would probably result; provided that in the case of such act or omission of an agent or servant, it is also proved that he...
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Quellen Des Internationalen Einheitsrechts

Konrad Zweigert, Jan Kropholler - Law - 1972 - 1036 pages
...entitled to avail himself of the provisions of paragraphs 1 and 2 of this Article if it is proved that the damage resulted from an act or omission of the servant...with knowledge that damage would probably result. Article 13 This Convention shall be applied to commercial carriage within the meaning of Article 1...
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