Perils of the Seas

Abstract

Rayment's article introduces and explains the term 'perils of the seas', as used in the Hague Rules (and elsewhere), such as to provide an exemption to carrier liability. The phrase is considered in relation to both bills of lading and charterparties, and marine insurance policies (in respect of each of which the phrase has a different meaning). Rayment argues that there is little point in trying to formulate a concrete definition for what is a 'peril of the sea', and that principles and cases are the best way to figure out the scope of the term, especially what it excludes. To this end, the paper covers a range of applicable cases, some which have applied the Hague Rules, art 4(2)(c), and others which have applied common law.