Section 207: Apportionment of liability

207. Apportionment of liability (1) (a) In this section— “freight” includes passage money and hire. (b) In this section, reference to damage or loss caused by the fault of a ship includes a reference to any salvage or other expenses, consequent upon that fault, recoverable by way of damage under this Act. (2) Where, by the fault of 2 or more ships, damage or loss is caused to one or more of those ships, to their cargoes or freight or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was at fault. M62 – 97 [Issue 2] Merchant Shipping Act (3) Where, in any such case, having regard to all the circumstances, it is not possible to establish different degrees of fault, the liability shall be apportioned equally. (4) This section applies to persons other than the owners of the ships who are responsible for the faults of the ships, as well as to the owners of the ships and where, by virtue of any charter or demise, or for any other reason, the owners are not responsible for the navigation and management of the ship in question, this section applies to the charterers or other persons for the time being so responsible instead of the owners. (5) Nothing in this section shall operate so as to render any ship liable for any loss or damage to which the fault of the ship has not contributed. (6) Nothing in this section shall affect the liability of any person under a contract of carriage or any other contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of this Act, or as affecting the right of any person to limit his liability in the manner provided by this Act.