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Simple English definitions for legal terms
peril of the sea
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A quick definition of peril of the sea:
Peril of the sea is when the weather and waves are so strong that they can damage or sink a ship, even if the ship is well-built and the crew is careful. This can include things like storms, waves, icebergs, and collisions with other ships. If a ship is damaged or lost due to peril of the sea, the carrier may not be held responsible for the losses. However, regular wear and tear or predictable incidents are not considered peril of the sea.
A more thorough explanation:
Peril of the sea refers to an action of the elements at sea that is so strong that it overcomes the strength of a well-founded ship and the normal precautions of good marine practice. This can include:
- Extraordinary action of the wind and waves
- Collision
- Foundering
- Stranding
- Striking on rocks and icebergs
- A swell from a passing ship
However, ordinary wear and tear are not included under the coverage of this or any other phrase in the clause, nor are losses which are anticipatable as regular incidents of sea carriage in general or of navigation in a particular part of the world.
A peril of the sea may relieve a carrier from liability for the resulting losses. For example, if a ship encounters a severe storm and is damaged or sunk as a result, the carrier may not be held responsible for the loss of cargo or other damages.
Overall, the term "peril of the sea" is used to describe any unexpected and uncontrollable event that occurs at sea and causes damage or loss to a ship or its cargo.