chapter  16
18 Pages

Liabilities

He held that the liability must be proximately caused by the collision and that the relevant liability is one which ‘‘arises as a matter of tort, and not as a matter of contract’’.55

16.25 Similarly, the insurer is not liable under the collision clause where the assured is bound by a particular rule of law to pay another party for loss suffered consequent upon a collision not caused by the assured’s tort. In Hall Bros SS Co v Young (The Trident),56 the steering-gear of a Dunkirk pilot boat broke down and she collided with the insured vessel. French law provided that: ‘‘Except in case of gross negligence by the pilot damage (avaries) sustained by the pilot boat in the course of pilotage operations, and in the course of embarking or disembarking the pilot is chargeable to the ship’’.57 The assured could not recover under the running down clause in respect of the sum paid. His liability was not one for damages in tort, and it was not proximately caused by the collision but by the rule of French law.