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Section 177: Performing carrier

Merchant Shipping Act · PART VIII: CARRIAGE OF PASSENGERS AND LUGGAGE

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

177. Performing carrier Where the performance of the carriage has been entrusted to a performing carrier— (a) subject to paragraphs (b), (c), (d) and (e), the carrier shall be liable for the entire carriage, and in relation to the carriage performed by the performing carrier, shall be liable for the acts and omissions of the performing carrier and of his agent acting within the scope of his employment; (b) subject to paragraphs (a), (c), (d) and (e), the performing carrier shall be subject to this Part and entitled for the part of the carriage performed by him; (c) any special agreement, under which the carrier assumes obligations not imposed by this Part or any waiver of rights conferred by this Part, shall not affect the performing carrier unless the performing carrier so agrees expressly and in writing; (d) where, and to the extent that, both the carrier and the performing carrier are liable, their liability shall be joint and several; (e) nothing in this section shall prejudice any right of recourse as between the carrier and the performing carrier.

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