Both-To-Blame Clause

What does Both-To-Blame Clause mean in American Law?

The definition of Both-To-Blame Clause in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

A standard clause in maritime bills of lading seeking to allocate liability for cargo losses when two ships collided through joint fault. The U.S. Supreme Court invalidated the clause in 1952.

“Both To Blame” Clause in Maritime Law

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

The following is a definition of “Both To Blame” Clause, produced by Tetley, in the context of admiralty law: A clause inserted into some U.S. bills of lading (see this maritime law term in this legal dictionary), which required that in the event of a ship collision (see this maritime law term in this legal dictionary) for which both vessels were at fault, cargo indemnify its carrying vessel for any amount which that vessel had had to pay to the colliding vessel in respect of any claim made by cargo against the colliding vessel. The clause was declared invalid under COGSA by the U.S. Supreme Court in United States v. Atlantic Mutual Insurance Co. (Esso Belgium — Nathaniel Bacon) 343 U.S. 236, 1952 AMC 659 (1952), although it has been upheld in private carriage (see this maritime law term in this legal dictionary) contracts and some other cases. See Tetley, M.C.C., 4 Ed., 2008 at pp. 1509, 1515-1516, 1651, 2085, 2103-2105; Tetley, Int’l. C. of L., 1994 at pp. 485-486; Tetley, Int’l. M. & A. L., 2003 at pp. 249-250.