| Summary: | 碩士 === 國立臺灣海洋大學 === 商船學系所 === 93 === A Study on the Definition of Perils of the Sea
English Abstract
“Perils of the sea”has been described as“the carrier’s best though least dependable friend”.It is the most common defense of the carrier, if the carrier can prove that is caused damage to cargo under his proper care, then the carrier is not responsible for the loss under the Hague Rules.
Questions of“perils of the sea and seaworthiness”can arise not only in connection with the carriage of goods, but also in connection with contract of Marine Insurance, contracts of employment aboard ship, or the carriage of passenger, and the contribution of general average.
According to“Rules for Construction of Policy of Marine Insurance Act.1906.U.K.”item 7, it has the definition as follows：“The term“perils of the sea”refers only to fortuitous accidents or causalities of the sea. It does not include the ordinary action of the wind and waves.”
From the definition, we can find that it is ambiguous for court to make a judgment, therefore a multiplication of definition appeared, but from the interpretation of U.S. Jurisprudence, it is somewhat different from the U.K court. The legal meaning of it was succinctly declared by the Court of Appeals for the Second Circuit as follows：“perils of the sea are understood to mean those perils which are peculiar to the sea, and which are of extraordinary nature or arise from irresistible force or over- whelming power, and, which can not be guarded against the ordinary exertion of human skill and prudence.”
In the article, the definition was carefully discussed and referred to the application of it in practice, therefore it is very useful to the shipping business and to the field of maritime law.
Key Words：The Hague Rules, The Marine Insurance Act, Bills of Lading, Policies of Marine Insurance, Charter Party。
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