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OceanGate (view source)

Revision as of 08:47, 29 June 2023

228 bytes added ,  29 June 2023
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====Negligence of Released Parties====
====Negligence of Released Parties====
The Release purports explicityly to exclude the negligence of Released Persons  
The Release purports explicitly to exclude the negligence of Released Persons:


“although OceanGate will take steps to provide me with adequate training, equipment and skilled personnel, I acknowledge ... ”  
{{quote|“I hereby assume full responsibility for the risk of bodily injury, disability, death, and property damage due to the [[negligence]] of any Released Party while involved in the operation.”}}


This acknowledges a general duty of care as regards hull construction and integrity, and operator competence. If it transpires OceanGate has not taken reasonable steps (it will be more, in practice,  than just “any steps”), then the OceanGate has repudiated its own obligations underrelease of
Under English Law you cannot exclude liability for death or personal injury caused by negligence. This is set out plainly in Section 2(1) of the [[Unfair Contract Terms Act 1977]]: “A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.”<ref>https://www.legislation.gov.uk/ukpga/1977/50/section/2</ref>


Some authority that you cannot disclaim liability for death/personal injury at common law.
But ''was'' there negligence? Good luck figuring that out. Most likely an omission rather than a commission — failing to check the hull integrity, not noticing stress fractures and so on.


Bit what was the negligence? Good luck figuring that out. Most likely an omission rather than a commission — failing to check the hull integrity, not noticing stress fractures and so on.
Puts into perspective our banking disclaimer, though, doesn’t it.


Puts into perspective our banking disclaimer, though, doesn’t it.
 
{{sa}}
*[[Disclaimer]]
*[[Contractual negligence]]
*[[Unfair Contract Terms Act 1977]]
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