One last case for the nautical fault exception?

This article examines the structural relationship between the nautical fault exception and the seaworthiness obligation under the Hague-Visby Rules. The judicial expansion of seaworthiness has progressively narrowed the exception, confining it in practice to professional errors by competent seafarers, provided that the carrier's systemic obligations have been fulfilled. This article argues that abolishing the exception without acknowledging this development would impose liability on the carrier for a category of loss that it has already taken all available steps to prevent. Reform must therefore address the seaworthiness obligation.

Introduction