Student
Voyage Charter Clauses.
1-Both-to-Blame Collision Clause
(Definitions)
a-When two vessels collide, they become liable to each other proportionately for the total damage. The vessel with the lesser damage may impose upon the cargo being carried to contribute to the amount to be paid to the other vessel. The "Both to Blame Collision Clause" in the cargo policy provides that in such event, the cargo policy will cover such contribution. See "Collision Clause" and "Cross Liabilities."
[refrences: http://www.amusf.com/Definitions_B.htm , AMUSF organization, Noauthor provided]
b-If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will indemnify the Carrier against all loss or liability to the other or non- carrying ship or her Owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying ship or her Owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the carrying Vessel or Carrier. The foregoing provisions shall also apply where the Owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact.[References: http://www.bimco.com/Corporate%20Area/Documents/Clauses/Both_to_Blame_Collision_Clause.aspx , The Baltic and International Maritime Council (BIMCO) organization, no author provided ]
c- A collision between two negligent ships damaged both and the cargo of one. The cargo owners recovered their losses from the non-carrying vessel, and the two ships field cross-libels in admiralty. American admiralty
1-Both-to-Blame Collision Clause
(Definitions)
a-When two vessels collide, they become liable to each other proportionately for the total damage. The vessel with the lesser damage may impose upon the cargo being carried to contribute to the amount to be paid to the other vessel. The "Both to Blame Collision Clause" in the cargo policy provides that in such event, the cargo policy will cover such contribution. See "Collision Clause" and "Cross Liabilities."
[refrences: http://www.amusf.com/Definitions_B.htm , AMUSF organization, Noauthor provided]
b-If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will indemnify the Carrier against all loss or liability to the other or non- carrying ship or her Owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying ship or her Owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the carrying Vessel or Carrier. The foregoing provisions shall also apply where the Owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact.[References: http://www.bimco.com/Corporate%20Area/Documents/Clauses/Both_to_Blame_Collision_Clause.aspx , The Baltic and International Maritime Council (BIMCO) organization, no author provided ]
c- A collision between two negligent ships damaged both and the cargo of one. The cargo owners recovered their losses from the non-carrying vessel, and the two ships field cross-libels in admiralty. American admiralty
References: Facts On August 6, 2000, the m/v "Anangel Endeavour" collided with the m/v "Ivan Susanin" south of the entrance to the Southwest Pass of the Mississippi River