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COLLISION – the impact of two vessels both of which are moving
ALLISION – the striking of a moving vessel against one that is stationary.
CASES OF COLLISION
1. Due to the fault, negligence or lack of skill of the captain, sailing mate or the complement
of the vessel - ship owner liable for the losses and damages (Culpable Fault)
2. Due to fortuitous event or force majeure - each vessel and its cargo shall bear its own
damages (Fortuitous)
3. It cannot be determined which of the 2 vessels caused the collision - each vessel shall suffer its own damages, and both shall be solidarily responsible for the losses and damages occasioned to their cargoes
(Inscrutable Fault)
ERROR IN EXTREMIS – where a navigator, suddenly realizing that a collision is imminent by no
fault of his own, in confusion and excitement of the moment, does something which contributes to the
collision or omits to do something by which the collision might be avoided, such act or omission is
ordinarily considered to be in extremis and the ordinary rules of strict accountability does not apply.
ALLISION – the striking of a moving vessel against one that is stationary.
CASES OF COLLISION
1. Due to the fault, negligence or lack of skill of the captain, sailing mate or the complement
of the vessel - ship owner liable for the losses and damages (Culpable Fault)
2. Due to fortuitous event or force majeure - each vessel and its cargo shall bear its own
damages (Fortuitous)
3. It cannot be determined which of the 2 vessels caused the collision - each vessel shall suffer its own damages, and both shall be solidarily responsible for the losses and damages occasioned to their cargoes
(Inscrutable Fault)
ERROR IN EXTREMIS – where a navigator, suddenly realizing that a collision is imminent by no
fault of his own, in confusion and excitement of the moment, does something which contributes to the
collision or omits to do something by which the collision might be avoided, such act or omission is
ordinarily considered to be in extremis and the ordinary rules of strict accountability does not apply.
