Exam Question
Under Maritime law, in case of a collusion, explain following
(a) Apportionment of damages
(b) Proportionate fault
(c) Collusion liabilities
(c) Presumptions of fault
(d) Juridiction in collusion cases
Class 1 (Chief Engineer)
Engineering Management
📅 Sep 2022
Reference Answer
A collision between vessels at sea gives rise to complex legal issues concerning liability and damages. The legal framework is primarily governed by international conventions, supplemented by national laws. The following explains the key legal principles involved in a collision case.
### (a) Apportionment of Damages
Apportionment of damages refers to the division of financial liability for the losses sustained in a collision. The governing international treaty is the **International Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels (Brussels, 1910)**.
* **Governing Principle**: The fundamental rule, as per Article 4 of the Convention, is that damages are apportioned according to the **degree of fault** of each vessel. Liability is not a matter of all or nothing.
### (a) Apportionment of Damages
Apportionment of damages refers to the division of financial liability for the losses sustained in a collision. The governing international treaty is the **International Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels (Brussels, 1910)**.
* **Governing Principle**: The fundamental rule, as per Article 4 of the Convention, is that damages are apportioned according to the **degree of fault** of each vessel. Liability is not a matter of all or nothing.
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