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46 U.S.C. § 30706 — Defenses

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 139 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about Defenses. It assigns the listed duties, permissions, limits, or procedures to the people and organizations identified in the section.

(a) Due Diligence .— If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel. (b) Other Defenses .— A carrier and the vessel are not liable for loss or damage arising from— (1) dangers of the sea or other navigable waters; (2) acts of God; (3) public enemies; (4) seizure under legal process; (5) inherent defect, quality, or vice of the goods; (6) insufficiency of package; (7) act or omission of the shipper or owner of the goods or their agent; or (8) saving or attempting to save life or property at sea, including a deviation in rendering such a service.

the actual law source: uscode.house.gov ↗public domain
(a)Due Diligence.—

If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel.

(b)Other Defenses.—

A carrier and the vessel are not liable for loss or damage arising from—

(1)

dangers of the sea or other navigable waters;

(2)

acts of God;

(3)

public enemies;

(4)

seizure under legal process;

(5)

inherent defect, quality, or vice of the goods;

(6)

insufficiency of package;

(7)

act or omission of the shipper or owner of the goods or their agent; or

(8)

saving or attempting to save life or property at sea, including a deviation in rendering such a service.

Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1517

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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