Foreseeability – carriers liable for foreseeable, not only proximate, consequences
The Facts
Cargo was damaged by water from a boiler filled overnight, through a pipe which cracked from a natural cause i.e. frost.
Findings
Held that the Master should have foreseen cracking and was therefore negligent.
Commentary
The maxim, lex causa proxima non remota spectatur, was held not to avail the carrier/vessel (per Best CJ).
This content is restricted to site members. If you are an existing user, please login. New users may register below.