Section 339: Rules as to division of loss

(1)
Where, by the fault of two or more ships, damage or loss is caused to one or more of them, or to their cargo or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was at fault:
(a)
if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally;
(b)
nothing in this section shall operate so as to render any ship liable for any loss or damage to which her fault has not contributed; and
(c)
nothing in this section shall affect the liability of any person under a contract of carriage, or any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law.
(2)
This section shall apply to Nigerian Government ships as it applies in the case of other ships.