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MARITIME CONVENTIONS ACT 1911 - SECT 1



1.(1) Where, by the fault of two or more vessels, damage or loss is caused to
one or more of those vessels, to their cargoes or freight, or to any property
on board, the liability to make good the damage or loss shall be in proportion
to the degree in which each vessel was in fault:

Provided that

(a)if, having regard to all the circumstances of the case, it is not possible
to establish different degrees of fault, the liability shall be apportioned
equally; and

(b)nothing in this section shall operate so as to render any vessel liable for
any loss or damage to which her fault has not contributed; and

(c)nothing in this section shall affect the liability of any person under a
contract of carriage or any contract, or shall be construed as imposing any
liability upon any person from which he is exempted by any contract or by any
provision of law, or as affecting the right of any person to limit his
liability in the manner provided by law.

(2) For the purposes of this Act, the expression "freight" includes passage
money and hire, and references to damage or loss caused by the fault of a
vessel shall be construed as including references to any salvage or other
expenses, consequent upon that fault, recoverable at law by way of damages.


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© 1911 Crown Copyright

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