UNIVERSITETET
I OSLO
SECOND LECTURE
LIABILITY FOR COLLISIONS
© DET JURIDISKE FAKULTET

UNIVERSITETET
I OSLO
Chapter 11 ’Liability for Collisions’
Outline:
1. ’Rules of the Road’ / COLREG 1972
2. Assessment of fault
3. Compensation and liability a) apportionment of liability, and b) liability for i. cargo damage, and ii. personal injury
© DET JURIDISKE FAKULTET

UNIVERSITETET
I OSLO
1. COLREG 1972
1. Regulates traffic at sea.
2. Included in Norwegian law by regulation ito MC section 506
3. Rules on a) steering and sailing, b) conduct of vessels in sight of one another, and c) conduct of vessels in restricted visibility.
© DET JURIDISKE FAKULTET

UNIVERSITETET
I OSLO
2. Assessment of fault
1. Little guidance in chapter 8
2. Objective assessment, taking into account a) COLREG, and b) the Ship Safety Act.
© DET JURIDISKE FAKULTET

UNIVERSITETET
I OSLO
3. Compensation and liability a) apportionment of liability
Collision:
One ship at fault: section 161, first paragraph
Both-to-blame: section 161, second paragraph a) Proportion, unless b) cannot determine (accidental collisions)
Example ‘equally to blame’:
Action Alpha
Damage: 200
Carries own loss and
100 of Wan Hai’s loss
© DET JURIDISKE FAKULTET
(200 + 400) : 2 = 300
Wan Hai
Damage: 400
Carries 300 of own loss

UNIVERSITETET
I OSLO
3. Compensation and liability a) apportionment of liability (cont.)
Single or cross liability: a) Global limitation = single liability principle b) NMIP = cross liability principle
Single liability principle:
Add amounts and divide.
Excess is subject to
Limitation.
Action Alpha
(200+400) : 2 = 300
Set off: 300 - 200 = 100
Subject to limitation: 100
© DET JURIDISKE FAKULTET
Cross liability principle:
Proportion loss before set off. This is the basis for the settlement of the
Claim
(and NOT apportionment of liability)
Action Alpha: 200 : 2 = 100
Wan Hai: 400 : 2 = 200
Settlement AA: 100 WH: 200

UNIVERSITETET
I OSLO
3. Compensation and liability b) liability for i. cargo damage and ii. Personal injury
Is the Action Alpha liable for damage/loss of the Wan Hai’s containers?
- section 161, third paragraph: pro rata liability
- American position: joint and several liability
Is the Action Alpha liable for injury to/loss of life of the Wan Hai’s passengers?
- section 161, third paragraph: joint and several liability
- compensation from the Wan Hai if (section 161, fourth paragraph): a) paid more than its share b) subject to i. limitation of liability, ii. valid contractual reservation, however subject to mandatory liability rules.
© DET JURIDISKE FAKULTET

UNIVERSITETET
I OSLO
Example: Cargo damage
Action Alpha’s blame 1/3
Wan Hai’s blame 2/3
(eg in breach of traffic separation scheme)
: Cargo damage 300
Liability of the Action Alpha ito MC chapter 8 = pro rata liability
Cargo owner can claim 1/3 of 300 = 100 from the Action Alpha
Cargo owner cannot claim from the Wan Hai due to contract or MC s 276.
American rules = joint and several liability
Cargo owner cannot due to contract or MC s 276 claim from the Wan Hai.
Cargo owner can claim 300 from the Action Alpha.
The Action Alpha can claim 2/3 of 300 = 200 from the Wan Hai (which cannot avail itself of the exemption rules).
Wan Hai must pay 200 regardless of contract.
© DET JURIDISKE FAKULTET

UNIVERSITETET
I OSLO
Research aid
The International Maritime Organisation (IMO) website (good for most information relating to conventions except for conventions texts themselves): www.imo.org
See also the International Maritime Committee: Comité Maritime International (CMI): www.comitemaritime.org
For convention texts (not always updated), try: www.admiraltylawguide.com
For general maritime law information, look at:
Prof William Tetley: www.mcgill.ca/maritimelaw (most of his articles and books can be downloaded)
Prof John Hare: www.uctshiplaw.com
© DET JURIDISKE FAKULTET