382. Damage limited by contract.

The contract may by its terms define the basis upon which the damages are to be measured, as, for example, where it provides that the shipowner is not to be liable beyond the net invoice cost of the goods1. In addition, his liability may be limited to a specified sum2. In the absence of clear words such limitation will not apply to a breach by the shipowner of his implied duty to provide a seaworthy vessel3. Nor will it, on an orthodox view, apply where the carrier has committed an unjustifiable deviation4. Similarly, a clause to the effect that