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Section 209: Right of contribution

Merchant Shipping Act · PART IX: LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS

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.

209. Right of contribution (1) Where loss of life or personal injury is suffered by a person on board a ship owing to the fault of that ship and of any other ship, and a proportion of the damages is recovered against the owners of one of the ships which exceeds the proportion in which the ship was at fault, they may recover, by way of contribution, the amount of the excess from the owners of the other ship or ships to the extent to which those ships were respectively at fault. (2) Section 207 (4) shall apply to subsection (1). (3) Nothing in this section authorises the recovery of any amount which could not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue for the amount. [Issue 2] M62 – 98 Revised Laws of Mauritius (4) In addition to any other remedy provided by law, the persons entitled to any contribution recoverable under this section shall, for the purposes of recovering it, have the same rights and powers as the persons entitled to sue for damages in the first instance.

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