ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

46 U.S.C. § 30706Defenses

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

If a carrier used due diligence to make its vessel seaworthy, it isn't liable for navigation errors. It's also not liable for sea dangers, acts of God, packaging defects, or the shipper's own actions. It's excused too for detours made to save life or property at sea.

(a) Due Diligence. If a carrier used due diligence to make its vessel seaworthy and to properly staff, equip, and supply it, then neither the carrier nor the vessel is liable for loss or damage caused by an error in navigating or managing the vessel. (b) Other Defenses. The carrier and vessel also aren't liable for loss or damage caused by: (1) dangers of the sea or other navigable waters; (2) acts of God; (3) public enemies; (4) seizure under legal process; (5) an inherent defect, quality, or flaw in the goods themselves; (6) packaging that wasn't good enough; (7) something the shipper, the goods' owner, or their agent did or failed to do; or (8) saving or trying to save life or property at sea — even if that means the ship goes off course to do it.
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.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case