Both to blame collision clause ?

146
FOLLOW

As per hague and hague visby rules, collision at sea is an excepted peril. Wherein the carrier is not liable to pay the cargo owner for the losses or the damage incurred to the cargo carried. In which case the cargo owner have to claim compensation from the cargo insurer.
But as per US common law and few other countries which have not ratified collision convention, the cargo owner under loss in a collision incident can claim his 100% loss from the non carrying ship and the non carrying ship can in return claim from the carrier ship the amount equivalent to the blame proption as set out by the court.
This intervene the hague and hague visby rules provision of the owner being not liable, where the carrier end up paying for the cargo loss, hence a clause (both to blame) is inserted in the charter party where the cargo owner indemnifies the carrier from any liability to the non carrying ship with respect to the losses claimed.
US doesn’t approve of such clause, bt it’s a practice to incorporate such clause with a hope that it will stand good in a court trial in future.