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Section 184: Aggregation of claims

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.

184. Aggregation of claims (1) Where the limits of liability provided in sections 180 and 181 take effect, they shall apply to the aggregate of the amounts recoverable in all claims arising out of the death of or personal injury to any one passenger or the loss of or damage to his luggage. (2) In relation to carriage performed by a performing carrier, the aggregate of the amounts recoverable from the carrier and the performing carrier and from their agents acting within the scope of their employment shall not exceed the highest amount which could be awarded against either the carrier or the performing carrier under this Part, but none of the persons referred to shall be liable for a sum in excess of the limit applicable to him. (3) In any case where an agent of a carrier or of a performing carrier is entitled under section 183 to avail himself of the limits of liability prescribed in sections 180 and 181, the aggregate of the amounts recoverable from the carrier or the performing carrier and from that agent shall not exceed those limits. (4) The limitations on liability set out in this section in respect of a passenger or his luggage apply to the aggregate liabilities of the persons in question in all proceedings for enforcing the liabilities or any of them which may be brought whether in Mauritius or elsewhere. [Issue 2] M62 – 88 Revised Laws of Mauritius

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