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Section 189: Invalidity of certain agreements

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.

189. Invalidity of certain agreements Any agreement, other than an agreement pursuant to section 181 (b) (i), concluded before the occurrence of an incident which has caused the death of or personal injury to a passenger or the loss of or damage to his luggage, purporting to relieve the carrier of his liability towards the passenger or to prescribe a lower limit of liability than that fixed in this Part or purporting to [Issue 2] M62 – 90 Revised Laws of Mauritius shift the burden of proof which rests on the carrier, or having the effect of restricting the application of section 188 (1), shall be null and void, but that nullity shall not render void the contract of carriage which shall remain subject to this Part.

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