Recenzija, Prikaz slučaja
Vessel sank on berth - contractual exclusion of liability of the marina for damages caused by latent defect in the vessel : [decision of court review]
Vesna Skorupan Wolff
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
No evidence of causal link between the maintenance service by the marina’s staff and the
sinking. The marina is not liable for damage caused by latent defect in the vessel. The staff did
not know and ought not to have known of the problem with the vent (due care).
The owner of the vessel has concluded the berth contract with the marina. The vessel sank on
berth; the insurer of the owner of the vessel as plaintiff demands damages from the marina as
defendant. The plaintiff claims that the maintenance service provided by the defendant’s staff
three days before the vessel sank stands in causal link with the sinking. It was proved in the
proceedings that the imperfection, or rather the defect in the vessel, had caused its sinking,
while the sinking did not stand in causal link with the defendant’s behaviour. Pursuant to
general terms and conditions of the contract, the marina is not liable for damages caused
by latent defect in the vessel. The defendant would only be liable for the damages in case
either itself or its staff had known or might have known of defects in the vessel, which could
consequently have led to the sinking. The state of facts, defined in the proceedings, offers
no basis for the conclusion that the defendant knew or might have known of damages to or
imperfections in the vessel that could consequently have led to the sinking thereof.
Ključne riječi
vessel on berth; vessel sunk; liability of the marina; latent defect in the vessel; decision of the court
Hrčak ID:
190232
URI
Datum izdavanja:
27.11.2017.
Posjeta: 852 *