船舶建造契約上 建造者의 責任과 製造物責任法

Abstract

A contract for shipbuilding is usually a complicated process and involves a statement of rights, and obligations and responsibilities to which each party agrees vis-a vis the other. The ultimate purpose of the contract is the sale and transfer of the finished ship by the builder to the buyer. Contracts for the construction and sale of ships are categorized as contracts for the sale of goods under English, United States, German and some other countries＇laws. On the other hand, the shipbuilding contract may be classified not as a contract of sale but as a contract for work and materials under Korean, Japanese and some other countries＇ laws. Especially, most countries are now well settled with regard to liability of a manufacturer in tort for physical injury and, on the other hand, for pure economic loss to remote owners of chattels. Where there is a breach of either contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. Contract principles will be applied to the first type of warranty and tort principles will be applied to the second. First of all, this thesis deals with the contents of contract under English Law. Secondly, this thesis analyse＇s the liability of shipbuilders in Products Liability under English, United States and Korean Law comparisons. In conclusion, the author gives some suggestions as countermeasures to Products Liability for the shipbuilders in Korea.