To exempt the owner, it is not sufficient to prove that the loss or damage took place and that, at the same time, an excepted peril happened1; he must show that the loss or damage was proximately caused by the excepted peril2.
The fact that the proximate cause of the loss or damage is excepted will not avail the shipowner if its operation was induced by his negligence or misconduct3, unless the negligence or misconduct in question was itself expressly or impliedly excepted4. Where there is only one cause
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234