Download Additional note on torts committed on the high seas

Additional note on torts committed on the high seas
As noted in “Torts committed on the high seas” (Materials, p 140KB), if two ships collide on
the high seas and a tort claim arising out of this incident is brought in an Australian court by
one shipowner against the other, the applicable law is the lex fori (including the lex fori’s
principles of maritime law). The same choice of law rule applies where the incident on the
high seas is a collision between a ship and an external object other than another ship e.g. a
submarine cable or an iceberg.
Submarine Telegraph Company v. Dickson
(1864) 143 ER 983
(Court of Common Pleas)
Background
During a voyage from Spain to Sweden, the anchor of the defendant’s Swedish ship “Gustaff
Adolphe” collided with and damaged the plaintiff’s submarine telegraphic cable on the ocean
floor at a point located on the high seas between Dover and Calais.
Disposition
In the plaintiff’s negligence action in England to recover damages, the applicable law was
English law. In this regard, Willes J observed (at p 992): “I see no substantial difference
between a telegraphic-cable and another ship... .”
Judgment accordingly
Oceanic Steam Navigation Co Ltd v. Mellor
233 US 718 (1913) (Supreme Court of the United States)
Background
During a voyage from Southampton, England to New York, the defendant’s British ship
“Titanic” sank after colliding with an iceberg on the high seas. As a result of this disaster, a
number of actions to recover damages for loss of life and personal injury were commenced in
Federal and state courts in the United States.
Disposition
In an opinion delivered by Holmes J, the Court held that, in these various actions, the law of
the United States applied including Federal statues which permitted the defendant, as owner
of the “Titanic”, to limit its liability.
Judgment accordingly