Perils of the sea (Act of winds, waves and other forces of nature)

1. Fire
2. Act of war
3. Act of public enemies
4. Act of God/Vis Major/Force Majeure/ Force Major
5. Piracy
6. Robbery, theft or pilferage
7. Capture by alien enemy
8. Restraint of princes, detainment by rulers and government of people
9. Jettison
10. Any other perils similar to one at the land.

LOSSES COVERED BY PERILS OF SEA are:

1. Loss of cargo caused by vessel striking upon a submerged rock or wreck
2. Loss due to fouling or collision
3. Loss brought about by ship’s crew by negligence so long is not willful
4. Loss or damage to grains due to ingress of moisture when the ship sails through rough weather.
5. Loss or damage to grains by heating of compartments when the ship sails through rough
weather and the ventilations of the compartments are closed.
6. Damage of cargo caused by entrance of seawater through rat holes.

LOSSES NOT COVERED BY PERILS OF SEA are :

1. Wear and Tear
2. Breakage of goods
3. Springing a leak
4. Inherent vice
5. Loss or damage of cargo due to chemical reaction with seawater.
6. Action of worms on Timbers/Woods etc.
7. Death of cattle carried as cargo due to shortage of fodder on elongation of ship’s voyage.
DUTIES OF A CARRIER BY SEA :-
Following are the important duties of carrier by sea :
1. Ship Must Be Sea Worthy :-
It is the duty of the shipping company that before the departure of a ship it should check the fitness of
ship. It should be properly managed by the qualified staff. All the parts of the ship must be checked.
2. Issuance Of Bill Of Lading :-
It is the duty of the incharge of the ship that he should issue the bill of lading after the receipt of goods.
3. Safety Of Goods :-
During the voyage, it is the duty of the ship master to take reasonable care of the goods.
LIABILITIES OF THE CARRIER BY SEA :-
Following are the important liabilities of the carrier by sea :
1. Negligence Liability :-
If the loss occurs due to the negligence of the shipping company to the goods delivered for carriage. The
shipping company is liable for that damage or loss.
2. Liable Upto One Year :-
In case of loss and damages the shipping company is liable if the suits for recovery of loss is brought with
in one year. After a one year no suit can be brought against the shipping company.
3. Liability Of Maximum Value :-
Generally shipping company is liable for the prescribed value liability. But sometimes both the parties
agree for maximum value liability. In this case company is liable for that maximum value fixed by the
parties.
4. Value Not Declared :-
The shipping company is not liable for any loss or damage of such goods whose value is not declared by
the owner of goods.
5. Nature Of Goods Not Declared :-
The carrier cannot be held responsible if the shipper has not declared the nature of goods. Sometimes
goods are dangerous or perishable nature if these are destroyed during loading or unloading the liability
do not fall on the shipping company.
6. Misstatement About The Value :-
Shipping company is not liable of any loss or damages if the shipper has misstated the value of goods.
Maritime Perils means the perils or dangers incidental to the navigation of the ship at sea. This Includes