When Must Due Diligence Have Been Exercised?



On this question the law of England and the law of France, while basically similar, appear different. In most cases in both countries the question is whether diligence was exercised during the regular surveys or during the period immediately prior to the voyage. But the traditions of each system of law also pose peculiar problems that require separate treatment. The French peculiarity stems from the treatment of due diligence as a question of latent defect. The English problem is inherited from the common law with its doctrine of stages.1


Latent Defect River Stage Regular Survey French Court Peculiar Problem 
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© Martinus Nijhoff, The Hague, Netherlands 1976

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