264. Effect of unseaworthiness.

If the shipowner is in breach of the implied undertaking of seaworthiness, he is liable for any loss or damage caused1 by it, because exception clauses in the contract of carriage presumptively do not cover loss or damage occasioned by the initial unseaworthiness of the ship2. If the unseaworthiness is a real cause of the loss or damage, it is immaterial that there are contributory causes for which the shipowner is not liable3.

Thus, if the ship was unseaworthy through carrying insufficient bunkers, the shipowner cannot rely on a negligence clause to escape responsibility on the ground that it this