Journal of Comparative Legislation And International Law
Journal of Comparative Legislation And International Law
Society of Comparative Legislation
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The other parties maintain their recourse (conservent leur recours) against the ship- owner on account of his faults or those of his servants, if any." The second question was : " Do general clauses, exempting the shipowner from liability for fault and negligence of the captain modify the answer to the first question, or have they no effect in general average?" This question was answered : " The general negligence dauses should not modify the answer to the first question, excepting that the rec...ourse should be void." As I should interpret the meaning of these answers, the state of the law as it ought, according to them, to be would not substantially differ from the law of this country. Practically, so far as our law is concerned, it is immaterial whether, if the shipowner sues for a general average con- 1 ThM Carron Park, 15 P.D. 203; MiUmm v, Jamaica Fruit Importing Co, [1900], 2 Q.B.D. 540. THE INTERNATIONAL LAW ASSOCIATION, 1903. 223 tribution, the answer to his claim, which his responsibihty for the negligence occasioning the general average loss affords to the party who would otherwise be liable to contribute, takes the form of a defence or of a counter-claim.
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