Transportation Laws

In what cases shall the ship owner/agent be liable to the damages caused by the captain?

1. Damages suffered by the vessel and its cargo by reason of want of skill or negligence on his part

2. Thefts committed by the crew, reserving his right of action against the guilty parties;

3. Losses, fines, and confiscations imposed an account of violation of customs, police, health, and navigation laws and regulations;

4. Losses and damages caused by mutinies on board the vessel or by reason of faults committed by the crew in the service and defense of the same, if he does not prove that he made timely use of all his authority to prevent or avoid them;

5. Those caused by the misuse of the powers;

6. For those arising by reason of his going out of his course or taking a course which he should not have taken without sufficient cause, in the opinion of the officers of the vessel, at a meeting with the shippers or supercargoes who may be on board. No exceptions whatsoever shall exempt him from this obligation;

7. For those arising by reason of his voluntarily entering a port other than that of his destination, outside of the cases or without the formalities referred to in Article 612; and

8. For those arising by reason of non-observance of the provisions contained in the regulations on situation of lights and maneuvers for the purpose of preventing collisions (Art. 618).

 

Note: Ship owner/agent is not liable for the obligations contracted by the captain if the latter exceeds his powers and privileges inherent in his position of those which may have been conferred upon him by the former. However, if the amount claimed were used for the benefit of the vessel, the ship owner or ship agent is liable.


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