Today was the first time i attended a open examination. You can bring in everything into the exam hall !
I can't believe it!
The question ...
"M/S VARIANT collided with M/V RELIABLE SUN in a narrow channel 2nd march 2003. It was fog and rain at the time. VARIANT had been going too fast. The Master had picked up RELIABLE SUN on the radar, and had given the Mate the order of turning 042 degrees. The order was misunderstood, and VARIANT steered 024 degrees. RELIABLE SUN was lying still, due to a black out in the engine. Due to the engine black out, there had been some confusion on board, and nobody was on the bridge at the time of the collision. It was also clear that the engine black out was caused by lack of due diligence to keep the ship seaworthy. The ship-owner had postponed necessary repairs. VARIANT suffered damages for 2 mill SGD, and RELIABLE SUN suffered damages for 1.2 mill SGD. VARIANT was a combined ship and was at the time carrying 15 passengers. One was an older woman, who suffered head injuries caused by a fall in the stairs during the collision. She died of the injuries seven months later. Her family claimed compensation of SGD 2 mill saying her value as a grandmother was impossible value high enough. She had a health insurance but the deductibles at hospital had been app 20.000,- SGD. They brought a suit against the shipowner under the contract of carriage on 1st Janaury 2007. The owner denied liability
saying the claim was time barred and besides, the family had not suffered a financial loss. On the other hand, they had saved money but not having to care for the elderly women in her old days. Under any circumstance, they could limit their liability.
1) Is one or both vessels liable for the collision?
2) To what extent (in percentage) would you say the ship(s) are responsible?
3) Who, if any, is liable for the death of the passenger? Discuss the allegations above
4) Use the Both to Blame Collision Clause to see what each ship would carry of expenses. Use the percentage of fault you calculated above."
