Actual Fault

Actual Fault

Actual Fault or Privity in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Actual Fault Or Privity, produced by Tetley, in the context of admiralty law: [Translation of Actual Fault in French: “faute ou complicité réelle”] [Translation of Actual Fault in Spanish:”falta o complicidad real”] [Translation of Actual Fault in Italian: “colpa o connivenza reale”] [Translation of Actual Fault in German: “tatsächliches Verschulden”] – A faulty act or omission of a party, or his knowledge of or complicity with the faulty act or omission of another for whose conduct he is responsible. Under the Hague and Hague/Visby Rules (see this maritime law term in this legal dictionary), the carrier (see this maritime law term in this legal dictionary) wishing to avail himself of the exception from liability provided by art. 4(2)(q) must prove that the loss or damage has occurred without his actual fault or privity or the fault or neglect of his servants or agents. See also COGSA (see (see this legal term in this law dictionary)) s. 4(2)(q) (46 U.S. Code Appx. 1304). (Tetley, M.C.C., 4 Ed., 2008 at pp. 1225-1243) Similarly, under the International Convention Relating to the Limitation of the Liability of Owners of Seagoing Ships of Oct. 20, 1957 (the Limitation Convention 1957, (see this legal term in this law dictionary)) art. 1(1), and national legislation based on that Convention, the owner of a seagoing ship may limit his liability in respect of certain claims, “unless the occurrence giving rise to the claim resulted from [his] actual fault or privity”. The equivalent term in the American Shipowners’ Limitation of Liability Act of 1851 is “privity or knowledge” (see this maritime law term in this legal dictionary). See 46 U.S. Code 30505(b) (formerly 46 U.S. Code 183(a). See Tetley, Int’l C. of L., 1994 at pp. 511, 517; Tetley, Int’l. M. & A. L., 2003 at pp. 284-286.

Actual Fault in Admiralty Law

For information on actual fault in this context, see the entry on actual fault in the maritime law encyclopedia.


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