SUPREME COURT ACT 1935 - SECT 26

SUPREME COURT ACT 1935 - SECT 26

26 .         Liability for damage to property due to fault of 2 or more vessels

        (1)         Where by fault of 2 or more vessels, damage or loss is caused to one or more 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.

        (1A)         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.

        (2)         Nothing in this section shall operate so as to render any vessel liable to any loss or damage to which her fault has not contributed.

        (3)         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 manner provided by law.

        (4)         For the purposes of this section 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.

        (5)         In this section, and sections 27 and 28, vessel includes any ship, boat, or any other description of vessel used for any purpose on the sea or in navigation.

        (6)         Nothing in this section and the next succeeding sections shall affect the right of an owner of a vessel not itself in fault which has suffered damage or loss by reason of the fault of 2 or more other vessels, to recover his damage or loss from the owners of the vessels in fault jointly or severally.

        [Section 26 amended: No. 19 of 2010 s. 51; No. 47 of 2011 s. 27.]