Non-Contractual Liability of Ships

Non-Contractual Liability: Torts and Special Circumstances in Maritime Law

In maritime law, "non-contractual liability" refers to situations where a legal obligation to pay compensation arises due to the operation of a vessel or maritime activities, even though there is no contractual relationship between the parties regarding the vessel (freight, charter, maintenance, etc.).
Such liabilities are generally torts, statutory obligations , and international agreements .

1. Legal Basis

Liability outside of maritime contracts arises from both national and international law.

1.1. National Law

Turkish Commercial Code (TCC)
- Clash (1286 onwards)
- Rescue and aid (Articles 1297 onwards)
- Provisions relating to environmental pollution and the transport of hazardous substances
Turkish Code of Obligations (TBK)
- Tort (Articles 49 et seq.)
- Cases of strict liability

1.2. International Law

1910 Treaty of Conflict
1976 London Limitation of Liability Convention (LLMC)
MARPOL (Convention for the Prevention of Pollution from Ships)
Bunker Contract (Fuel-related pollution)
Salvage Convention

2. Types of Liability Outside of the Ship Contract

2.1. Collision

It is the collision of two ships at sea or in port.

Responsibility is shared according to the degree of fault.
Article 1286 of the Turkish Commercial Code and the 1910 Convention on Collision apply.
The vessel found entirely at fault shall be fully liable for any damage to goods and passengers on the other vessel.

2.2. Environmental Damage

It is formed when oil, bunker fuel, or hazardous materials mix with the sea.

mostly strict liability .
The injured party does not need to prove fault.
Compensation will also cover the costs of preventing pollution.

2.3. Rescue and Assistance (Salvage)

It is the situation where a ship, cargo, or person is rescued from danger at sea without a contract.

The right to salvage fees arises (Turkish Commercial Code, Articles 1297 et seq.).
If damage occurs during the rescue operation, liability may arise for that damage.

2.4. Damage to Ports and Coastal Facilities

Damage to piers, cranes, or port structures due to maneuvering errors.
The port operator or facility owner can claim compensation directly.

2.5. Damage Caused to Third Parties

Damage to coastal facilities due to the wave effect created by the ship.
Damage to surrounding goods during loading and unloading.

3. Principles of Responsibility

3.1. Liability Based on Fault

In situations like collisions, people usually look for fault.
The amount of compensation is determined according to the degree of fault.

3.2. Strict (Objective) Liability

There is liability for environmental pollution and certain rescue operations without requiring proof of fault.
It is also referred to as "risk liability".

3.3. Shared Responsibility

In cases where more than one vessel is at fault, liability is shared according to the proportion of fault.
Sometimes "joint and several" liability may apply.

4. Limitation of Liability

Articles 1328 et seq. of the Turkish Commercial Code and the LLMC , a ship operator may limit their liability for certain maritime claims to tonnage-based limits.
This right to restrict movement is forfeited in cases of intent or gross negligence.
A "liability fund" is established for limitation purposes, and creditors receive a share from this fund.

5. Relationship with Insurance

In non-contractual liabilities, insuranceis the most important tool for managing the high compensation risks that ship operators, owners, charterers, or cargo parties may face.
In maritime affairs, this protection is generally P&I (Protection & Indemnity) clubs .

5.1. Scope of P&I Insurance

P&I clubs cover legal liabilities that may arise against third parties and are outside the scope of classic hull and machinery insurance. The following risks are generally insured under non-ship contractual liabilities :

Collision Liability:
Compensation arising from damage caused to another vessel or port facility.
Pollution Liability:
Coverage costs, fines, and compensation arising from the leakage of oil, bunker fuel, or other harmful substances into the sea.
Damages During Rescue and Assistance Operations:
Damages caused to third parties or their property during rescue operations.
Damage to Port and Coastal Facilities:
Compensation for damage to docks, piers, cranes, and loading/unloading facilities.
Third-Party Bodily Injury:
Injury or death to port workers, passengers, or other ship personnel.

5.2. The Importance of Insurance

Financial Protection: Maritime accidents or environmental damage can result in millions of dollars in compensation claims. Insurance takes on this financial burden.
International Compliance: Many countries require valid P&I insurance from tankers or vessels carrying hazardous materials entering their ports.
Liability Limitations: The insurance operates in compliance with liability limitation regimes such as LLMC.

5.3. Circumstances in Which Insurance Coverage May Be Lost

Insurance companies or P&I clubs may refuse to pay compensation in some cases:

Deliberate or Gross Negligence
. For example, knowingly driving in a manner that violates safety regulations.
Uninsured Risks:
War, political risks, certain nuclear threats, etc.
Breach of Insurance Conditions:
Invalid ship certificates, neglect of maintenance obligations.

6. Case Study

A ship, due to a maneuvering error, collides with a harbor pier, damaging both the dock and the fuel pipeline.

Damage to port facilities is assessed under P&I insurance.
Environmental pollution caused by fuel leaks is covered by P&I, but may be excluded from coverage if the incident was caused by gross negligence or intentional conduct.

7. Conclusion

Non-contractual liability in maritime trade creates significant legal and financial obligations even in the absence of a contract between the parties.
Therefore, shipowners and operators;

The ship should undergo regular technical maintenance
The crew must be trained according to international maritime rules
P&I must provide full insurance coverage.

From a legal standpoint, the Turkish Commercial Code, the Turkish Code of Obligations, and international conventions , and expert maritime law support should be sought in potential disputes.

Gozdenur Turna

Collision, environmental pollution, Maritime Law, Maritime Accidents, maritime accident law, maritime trade law, tort, rescue and assistance

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