OceanGate: Difference between revisions

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OceanGate (view source)

Revision as of 08:41, 29 June 2023

66 bytes added ,  29 June 2023
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Questions
=== Is OG insured? ===
 
Is OG insured?
Unclassified vessel so likely not. If you were a public liability insurer would you insure a home made deep water submersible?
Unclassified vessel so likely not. If you were a public liability insurer would you insure a home made deep water submersible?


Does OG have any assets
=== Does OG have any assets worth suing? ===
Estimated operating revenue of USD10m per annum and 45 staff, having just had to mount a desperate deep sea rescue probably not
Estimated operating revenue of USD10m per annum and 45 staff, having just had to mount a desperate deep sea rescue probably not


Would the disclaimer work
=== Would the disclaimer work? ===
Governed by Bahamas l aw which rolls up to the privy counsel so assume English law.
Governed by Bahamas law, for which the ultimate court of appeal is the Privy Counsel<ref>https://tinyurl.com/bahamasappealcourt </ref> which must apply Bahamian law, but as a common law jurisdiction assume it will be broadly along the same lines as English law for things like general contractual liability.
 
What does disclaimer do?


Catalogues all kinds of “inherent” risks which may arise as a result of expedition. Includes those of experimental, in approved vehicle. But does not include negligence of OG or its representatives.
===What does disclaimer do? ===
====Inherent risks====
Catalogues all kinds of “inherent” risks which may arise as a result of expedition. Includes those of experimental, in approved vehicle.  


Nor, really, could it. Unless the terms of the voyage contract explicitly permitted negligence — and why would it? — such negligence would be a repudiatory breach of contract, rendering it inequitable for the defendant to rely on the “good bits” of the contract.
====Negligence of Released Parties====
The Release purports explicityly to exclude the negligence of Released Persons


“although OceanGate will take steps to provide me with adequate training, equipment and skilled personnel, I acknowledge ... ”  
“although OceanGate will take steps to provide me with adequate training, equipment and skilled personnel, I acknowledge ... ”  
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