Exam Question
(a) Explain the term 'Liability'. Explain with examples, differences between contractual and tortious liabilities of a ship owner
(b) What is vicarious liability
(c) What is the significance of the Himalaya clause and where is it used
Class 1 (Chief Engineer)
Engineering Management
📅 Nov 2022
Reference Answer
### (a) Liability, Contractual vs. Tortious Liability
#### Definition of Liability
In a legal context, 'Liability' refers to the state of being legally responsible or answerable for an act, an omission, a debt, or an obligation. It signifies that a person or entity is bound by law and justice to do, pay, or make good something. If a party is found liable, they can be compelled by a court of law to pay damages or perform a specific action to remedy the harm or loss they have caused.
Liability for a ship owner can arise from three main sources:
#### Definition of Liability
In a legal context, 'Liability' refers to the state of being legally responsible or answerable for an act, an omission, a debt, or an obligation. It signifies that a person or entity is bound by law and justice to do, pay, or make good something. If a party is found liable, they can be compelled by a court of law to pay damages or perform a specific action to remedy the harm or loss they have caused.
Liability for a ship owner can arise from three main sources:
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