324. Negligence of shipowner's employees.

Excepted perils in a charterparty1 presumptively do not protect the shipowner where the peril which causes the loss is attributable to the negligence of his employees: as a result it is not unusual for the charterparty to contain a negligence clause extending the scope of the exceptions to such negligence2.

A clause in a charterparty exempting a shipowner from liability for negligence is valid and enforceable3, provided that it is clear and unambiguous in its terms4. In the past there was a practice of construing such clauses strictly against the shipowner5, and holding them inapplicable unless they specifically referred to