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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.


Held that the Master should have foreseen cracking and was therefore negligent.


The maxim, lex causa proxima non remota spectatur, was held not to avail the carrier/vessel (per Best CJ).


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Charter Party Casebook