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All Volumes | Admiralty Law Institute | 1988

Toxic and Environmental Torts within Admiralty

Robert M. Hughes III; D. Arthur Kelsey | Symposium

Parties involved with the manufacture and transportation of toxic substances expose themselves to the worst of all forms of civil sanction: uncertain and essentially unpredictable liability. The rapid growth of the chemical age has not been accompanied by a consistent system of rights and liabilities. This problem becomes worse when the facts implicate admiralty jurisdiction. Even with its historically flexible nature, the general maritime law has not fashioned contemporary answers to these questions. Maritime law has been tempered with the admiralty’s disinclination either to supersede traditional state tort law and thereby offend principles of federalism or to preempt legislative solutions and thereby offend [...]

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Admiralty Jurisdiction and Products Liability: Economic Loss

Honorable John Minor Wisdom |
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Products Liability in Admiralty: Principles of Canadian Law

J.R. Cunningham | Symposium

In Canada, products liability in admiralty is governed by the same generally applicable principles that govern products liability in other areas of the law. However, when considering Canadian law on the topic, another factor to consider is the importance and influence of the English common law on the development and direction of the whole of Canadian law.

 

 

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