Reflections on an ethic of care and the nature of the carriage relationship in the Titanic ticket cases and beyond

Abstract

The care owed by the carrier of a passenger ship to a passenger is a complex and unique duty. The duty is characterised by the differences between the carrier and passengers (for example, power, control, and knowledge) and the specific context of shipping and its law. This analysis explores the early judicial desire to recognise an ethic of care in maritime law in considering the positions of the parties. An ethic of care contributes to protecting the various vulnerabilities of passengers, even as shipping continues to technically develop. This article argues, utilising the Titanic ticket cases, that the lens of an ethic of care as an underlying principle, supported by feminist and relational contract theories, advances a greater understanding of the relationship between carrier and passenger. It starts the conversation as to feminist and relational insights into the carriage of passengers by sea.