The Limitation of Liability. Section of the Terms shall apply except as explicitly agreed otherwise in this DPA.
The Limitation of Liability. The Tricolor and the Xxxxx repeat the arguments that they made at trial that their liability should be limited pursuant to the Limitation of Liability Act. Because this Court found after trial that neither the Tricolor nor the Xxxxx was liable for the collision, it did not address these parties’ Limitation of Liability Act claims. Therefore, this Court reaches the question for the first time here. The Limitation of Liability Act allows a vessel owner to limit liability for, inter alia, “any loss, damage, or injury by collision . . . done, occasioned, or incurred without the privity or knowledge of the owner,” to “the value of the vessel and pending freight.” 46 U.S.C. § 30505(a), (b).8 The interest is to be valued as of the end of the voyage on which the loss or damage occurred. Xxxx v. PMS Fishing Corp., 191 F.3d 1, 4 (1st Cir. 1999). As the Second Circuit recently explained, [t]he statute therefore alters the normal rules of vicarious liability. Instead of being vicariously liable for the full extent of any injuries caused by the negligence of the captain or crew employed to operate the ship, the owner’s liability is limited to the value of the ship unless the owner himself had “privity or knowledge” of the negligent acts. Where the owner of a ship is a corporation, the corporation is not entitled to limit its liability “where the negligence is that of an executive officer, manager or superintendent whose scope of authority includes supervision over the phase of the business out of which the loss or injury occurred. . . .
The Limitation of Liability. The Buyers covering all persons as the Buyers who is defined under the Clause 1 irrevocably accept and agree that the liability of the Sellers for all kind of claims whatsoever, including but not limited to the quality and off-specification claim, for all kind of damages, expenses and losses of whatsoever nature shall be limited the price of the Bunkers as agreed under the Agreement and/ or the Bunker Contract except the gross negligence of the Sellers.
