316. Perils of the sea combined with human act or omission.

Where loss or damage is caused by a peril of the sea, but the peril of the sea would not have caused the loss or damage but for some human act or omission, the legal consequences are as follows. If the act or omission constitutes a breach of the shipowner's implied undertakings to carry with due care and to provide a seaworthy ship, or if there has been a deviation, the shipowner is not entitled to rely on the exception1 unless the contract of affreightment expressly provides that he may do so2. Otherwise, the shipowner is entitled to rely