15Rule as to division of loss

15 Rule as to division of loss

(1) If, because of 2 or more vessels, damage or loss is caused to: (a) those vessels or one or more other vessels; or (b) the cargo or freight of those vessels or one or more other vessels; or (c) property on board those vessels or one or more other vessels; the liability to make good the damage or loss must be in proportion to the degree in which each vessel was in fault. (2) However, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability is apportioned equally. (3) This section does not make a ship liable for loss or damage if it was not at fault. (4) This section does not: (a) affect the liability of a person under a contract, including a contract of carriage; or (b) impose a liability on a person from which the person is exempted by a contract or by a provision of law; or (c) affect the right of a person to limit his or her liability in the manner provided by law. (5) In this section:

damage or loss, caused by the fault of a vessel, includes salvage or other expenses arising from that fault, recoverable at law by way of damages.

freight includes passage money and hire.