Perils of the sea


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PERILS OF THE SEA, contracts. Bills of lading generally contain an exception that the carrier shall not be liable for "perils of the sea." What is the precise import of this phrase is not perhaps very exactly settled. In a 'strict sense, the words perils of the sea, denote the natural accidents peculiar to the sea; but in more than one instance they have been held to extend to events not attributable to natural causes. For instance, they have been held to include a capture by pirates on the high sea and a case of loss by collision by two ships, where no blame is imputable to either, or at all events not to the injured ship. Abbott on Sh. P. 3, C. 4 Sec. 1, 2, 3, 4, 5, 6; Park. Ins. c, 3; Marsh. Ins. B. 1, c. 7, p. 214; 1 Bell's Comm. 579; 3 Kent's Comm. 251 n. (a); 3 Esp. R. 67.
     2. It has indeed been said, that by perils of the sea are properly meant no other than inevitable perils or accidents upon the sea, and, that by such perils or accidents common carriers are, prima facie, excused, whether there be a bill of lading containing the expression of "peril of the sea," or not. 1 Conn. Rep. 487.
     3. It seems that the phrase perils of the sea, on the western waters of the United States, signifies and includes perils of the river. 3 Stew. & Port. 176.
     4. If the law be so, then the decisions upon the meaning of these words become important in a practical view in all cases of maritime or water carriage.
     5. It seems that a loss occasioned by leakage, which is caused by rats gnawing a hole in the bottom of the vessel, is not, in the English law, deemed a loss by peril of the sea, or by inevitable casualty. 1 Wils. R. 281; 4 Campb. R. 203. But if the master had used all reasonable precautions to prevent such loss, as by having a cat on board, it seems agreed, it would be a peril of the sea, or inevitable accident. Abbott on Ship. p. 3, c. 3, Sec. 9; but see 3 Kent's Comm. 243, and note c. In conformity to this rule, the destruction of goods at sea by rats has, in Pennsylvania, been held a peril of the sea, where there has been no default in the carrier. 1 Binn. 592. But see 6 Cowen, R. 266, and 3 Kent's Com. 248, n. c. On the other hand, the destruction of a ship's bottom by worms in the course of a voyage, has, both in America and England, been deemed not to be a peril of the sea, upon the ground, it would seem, that it is a loss by ordinary wear and decay. Park. on Ins. c. 3; 1 Esp. R. 444; 2 Mass. R. 429 but see 2 Cain. R. 85. See generally, Act of God; Fortuitous Event;. Marsh. Ins. eh. 7; and ch. 12, Sec. 1.; Hildy on Mar. Ins. 270.

References in periodicals archive ?
Under English, Canadian, and US law, perils of the seas is a carrier defence that includes events peculiar to the sea or to a ship at sea such as an accidental incursion of sea-water, currents, storms, a vessel striking a sunken rock or an iceberg, collisions, tides, and stranding.
The ship owners and the mariners, who risk their lives daily to the natural perils of the sea, now more than ever need the help of the world community to continue to trade.
Charity chiefs from the Royal National Lifeboat Institution released 467 balloons - the number of people from the West Midlands saved in the past ten years after experiencing the perils of the sea.
He said despite the technology on modern vessels, it did not protect fishermen from the perils of the sea.
We are all aware of the perils of the sea because so many here are connected to it.
The perils of the sea were swept from view by gigantic scale and the aesthetics of internal design.
This is why people buy marine cargo insurance--as well as against the traditional perils of the sea, which mariners call heavy weather, windstorm, hurricane," he says.
The perils of the sea have always held an emotional fascination - witness the obsession many have with the Titanic - so it's no surprise that Channel 4 chose the mystery surrounding the sinking of a famous Tudor battle ship as one of its current Secrets of the Dead investigations.
As you read this, Shropshire girls Suzy, 16, and Sophie, 13, are facing the perils of the sea with their parents Peter and Sally Edington on one of the most incredible family voyages ever - a 15,000- mile marathon across two oceans to Australia.
4) By leaving some traditional seamen vulnerable to the perils of the sea, the Latsis test is inconsistent with the policy of the Jones Act.
The clause "with average if amounting to 3 percent" provides partial loss coverage for the perils of the sea with a 3 percent franchise deductible.