doctrine of causa proxima in insurance law pdf

Journal of Maritime Law & Commerce, Vol. At the same time, it can file a law suit against Mr.Tom for $ 1.2 million, the market value of the house. In the Concord Insurance case, supra at p 673I, the court again dealt with the complex legal questions which arise "where several factors concurrently or successively contribute to a single result and it is necessary to decide whether any particular one of them is to be regarded legally as a cause." ��L~B�� Solvency Margin & Insurance … (d)Doctrine of Causa Proxima (e) Doctrine of Warranty (e.1) Implied (e.2) Express . x��Z�o�8��AO��x$n��=��α[n��~gH�"mQ�q(j[��p8�R�>�+;?�p;��ы��,��;=��eL��Q��2.$�,+�$E�ݽ�� ?~9=�#��'2'��oIv��dZ��_��&��~==��D'ThJL$�h��Y�z�@ϝf�$�� Principle of Causa Proxima (Proximate Cause) ... whether the insurable interest doctrine is … Under the policy, goods have been insured against damage likely to be caused by sea water. The policies must all cover the same property and the same event, and all the policies must be in effect and enforceable. During the voyage, a hole was caused at the bottom of the ship. �0v��$�Br See, for example: Montgomery v. Firemen's Ins. Cf. ��7}א��ROxe�E��AZ"\! A. Adhesion Contracts Insurance contracts are not ordinary contracts." The real cause of the loss must be considered while payment of the loss. This espouses the important doctrine of 'proxima causa', which means that the loss must be connected to, or associated with, its supposed 'cause'. Vs. McLaren; “The doctrine of subrogation is a creature of equity not founded on contract, but arising out of relations of the parties. Law of Marine Insurance and Average, 16th ed. This doctrine says that the seller will not be responsible for this. (a.1)Subrogation (a)Doctrine Indemnity (a.2)Contribution (b)Doctrine Insurable Interest. Academia.edu is a platform for academics to share research papers. 0000005137 00000 n By the Hon. In that context, a contract may be described as an agreement that the law (the Courts) will enforce. – The October session will test the legal position as of 28th February of the same year. About this Channel. Immediate or proximate means Proximate in efficiency and not necessarily in time. 3, July, 2003 Causa Proxima Non Remota Spectatur: The Doctrine of Causation in the Law of Marine Insurance Wan Izatul Asma Wan Talaat* I INTRODUCTION Since every event is the effect of some cause, causation is indeed a sig- nificant part in the law of insurance.' Causa Proxima It is a rule of law that in actions on fire policies, full regard must be had to the causa proxima. 6d.) 0000138352 00000 n 1. If the proximate cause of the loss is fire, the loss is recoverable. Established in 1985, Merlin Law Group is a leading insurance litigation law firm committed to assisting policyholders receive fair and just outcomes from their insurance companies. 0 During the voyage, a hole was caused at the bottom of the ship. RIOT VICTIMS AND THE DOCTRINE OF PROXIMA CAUSA IN INSURANCE LAW: THE LESOTHO EXPERIENCE. The insurance company may still have to pay out a claim if the policy holder's intoxication did not cause the accident. If the proximate cause of the loss is fire, the loss is recoverable. The real cause of the loss must be considered while payment of the loss. - Volume 3 Issue 2 - W. L. M. Riot victims and the doctrine of 'proxima causa' in insurance law : the Lesotho experience. Incidentally A’ may also have comprehensive motor insurance which protects him against such losses. %PDF-1.5 %�� 1.Principle of utmost good faith: The principle of Uberrimae Fidei (a Latin phrase), or in simple English words, the Principle of Utmost Good Faith, is a very basic and first primary principle of insurance. Examples of Causa Proxima. If the defendant’s actions were “proximate” or close enough in the chain of causation to have foreseeably led to the plaintiff’s damages, courts will … 2 0 obj See also Taylor v. Dunbar (1869) L.R. [The] rule to be applied is causa proxima non remota spectatur." premium Occurrence of to compensate loss uncertain event caused by 4. This com-plexity is due, in part, to the nature and structure of insurance poli-cies and the substance of legal actions brought when a dispute arises between an insurer and an insured. Contribution: • The insurers must share the burden of payment in proportion to the amount insured by each • If one of the insurers pays the whole loss, he is entitled to contribution from other insurers. startxref The principle (or doctrine) of subrogation is a corollary to the principle of indemnity and applies only to fire and marine insurances. If the cause is not fire but some other cause remotely connected with fire, it is not recoverable, unless specifically provided for. Principle of Uberrimae fidei (Utmost Good Faith) Principle of Uberrimae fidei (a Latin phrase), or in … ��m�{:�$W&��[��co�Z>|w��}��W�U�X�fo�ֹ%��r��rf�O�ps�h�s��cz`��MY�W�+L�x��v� �s 1�JQ�:�Y'8�q��`�c��z�T�K?�`.�H,�B�!��୒5�� +.e��)�]�3]��e�m�m��Z�KG�R��% �:h'؞�ޜ�D. 6. At that time, marine policies covered vessels and cargo against the "perils of the seas"—grounding, collision, allision, inrush of water, and so forth. Academia.edu is a platform for academics to share research papers. Marine Insurance: The Doctrine of Proximate Cause and Insurance against War Risks at Sea. The maxim is “Sed causa proxima non-remota spectature” i.e. The ship was insured under a policy that covered perils of the seas, however excluded war risks. So the doctrine attempts to make the buyer more conscious of his choices. Definition and Forms of contracts The law of contract is concerned about the legal enforceability of promises. Insurance. Insurance Law Essentials Request Demo ... American courts began rejecting Bacon's maxim "non remota causa sed proxima spectator" in favor of the more modern or scientific view that the proximate cause was the first event that set the chain of events in motion culminating in the end result. <]>> 1.Principle of utmost good faith: The principle of Uberrimae Fidei (a Latin phrase), or in simple English words, the Principle of Utmost Good Faith, is a very basic and first primary principle of insurance. Proximate cause, or the Latin Causa Proxima, relates to the cause of the loss in that the event of the peril insured against must be covered under the insurance contract (policy), and the dominant cause of the event must not be excluded. Insurance is the process in which the loses of few are shared by many persons who are equally exposed to same risks. ... Concept of “causa proxima or the proximate cause. Ivamy, General Principles of Insurance Law, 4th ed., p. 416. As a client it is the duty of the … Re-insurance. PDF | On Aug 1, 2019, Jaimin Kamleshbhai Patel published principles of insurance | Find, read and cite all the research you need on ResearchGate . If the real cause of loss is not insured, the insurance company is not liable to indemnify the loss sustained by the insured. It can be broadly broken into three categories - regulation of the business of insurance; regulation of the content of insurance policies, especially with regard to consumer policies; and regulation of claim handling. 0000096147 00000 n - … For example, suppose the night watchman falls asleep in the crow's n… 57. ( For example Sea Pirates , Bad weather) ... Doctrine of utmost Good faith . (c)Doctrine of utmost Good faith . If you break (breach) the contract, the other party has several legal remedies. The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. The cause for the accident should be a direct cause for which an insurance is taken and it should not be a remote cause. 0000000776 00000 n The question, which is the causa proxima of a loss, can only arise where there are a succession of causes. )�־!��W�k��0��O�`�{�e9��K��7��v�sfI�#�_"�{xq��6� >�/��"�_��P�3�Ծ�'�TjpD�td��bA��(Gu��D��v��uk��w�t��.g��TN;�52��LX֑ug�ƿ~E��=v��@*�W?��{:�PW�}�%��\��֤�n�q�PPC�z��T��=�i�Dp��6ʁ�2 ۜ�m�.��G!�� 오��%l��M��[�5m�S 0000002746 00000 n dA��F�@j�j��U��r��T?��YϘw)�5䈼��X��P]Nӑѝ��s�* ��.��I��L�0]9g��]��59��Oo��v��Q��>�>�ZLKL:��®��K�3�odj��j��v�*��\��wN�[ck�/�{U��E��Q��)��&��fK ��umY�Gc霱۶��`�[��W�6�K��L�oU�z:�JP�3��=��3K�`@�n�yDNsPb – The April session will test the legal position as of 31st August of the preceding year. The ship was hit by a torpedo and despite the severe damage it still reached the port, where repair work was started. An arrangement … (2) As a principle of tort law, proximate cause refers to a doctrine by which a plaintiff must prove that the defendant’s actions set in motion a relatively short chain of events that could have reasonably been anticipated to lead to the plaintiff’s damages. doctrine of proximate cause has to be applied for the purpose of ascertaining which of the successive causes is the cause to which the loss is to be attributed within the intention of the policy.1 Doctrine of Proximate Cause Proximate cause refers to an action that leads to an unbroken chain of events; events that end with someone suffering a loss. Insurance is a contract based on utmost good faith. 2. First, the hole that was caused in the bottom of the ship and second, the seepage of sea water into the ship. If the product turns out to be defective or does not live up to its potential the seller will not be responsible for this. The Bremen Court of Appeal recently held that the proximate cause of a vessel's grounding after its main engine had cut out was the bad weather… Saqui and Lawrence v. Stearns [1911] 1 K.B. x��V�n�0}��`��u�ۚ^��k��>t{��ִ[�a�?R�b9�c��R��!y,y~5��K&%��If4p�Q,��a:�-d��]�L'G�?�ʼ@p�;�� In other words the rule of causa proxima means that the cause of the loss must be proximate or immediate and not remote. 0000096055 00000 n By the Hon. 4- Elements of Marine Insurance Contract. The doctrine of subrogation is corollary to the principle of indemnity. 287 0 obj <> endobj If all of these conditions have been met and a … 0000138104 00000 n Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened. Through this hole, sea water has entered into the ship and damaged the goods insured. If insurance company wins the case and collects $ 1.2 million from Mr. Tom, then the insurance company will retain $ 1 million (which it has already paid to Mr. John) plus other expenses such as court fees. <> The term ‘Subrogation’ in the context of Insurance, has been defined in Black’s Law Dictionary as: ... it was explained by Chancellor Boyd in National Fire Insurance Co. 3 0 obj the doctrine of Causa Proximo (Proximate Cause) is not applied because the insurer is bound to pay the amount of insurance whatever may be the reason of death. Presentation PDF Available. No insurance claim can succeed unless the loss is proximately caused by a peril insured against. 4209 words (17 pages) Law Essay. trailer The maxim "causa proxima non rempota spectature." A contract should be simple to be a valid contract. 287 24 Principal of utmost good faith: Under this insurance contract both the parties should have faith over each other. 0000004956 00000 n (Price 2s. Mr.A has taken a marine policyto cover the goods exported by him. Insurance regulation that governs the business of insurance is typically aimed at assuring the solvency of insurance companies. • Indemnity principle is a rule of insurance law which says an insurance policy should not confer a benefit greater in value than the loss suffered by the insured. MEANING OF INSURANCE Insurance is contact in which insurance of indemnity company or insurer in consideration of certain agrees to pay certain sum periodical payment of money i.e. Principle of Causa Proxima. endobj Before the contribution principle kicks in for insurance companies, a double insurance situation has to meet certain requirements. The balance amount, if any will be given to Mr. John, the insured. 8. The person entering into a contract should enter with his free consent. see the proximate cause and not the distant cause. London: The Solicitors' Law Stationery Society, Ltd.1927. %PDF-1.5 x��W�OSW?��K(��D�T�X��f��H�n�U|��s�mWyUA�G'��b4�c[��9%lә�u[4f��9��[e�?��=�|��w� h df0 Causa proxima. “Causa proxima, non remota, spectatur.” General average can be only, where there is some voluntary sacrifice or voluntary expense incurred for the common benefit. Insurance is answer to these types of risks and uncertainties . 0000003598 00000 n 2 In Boon, the policy covered certain goods in a store building. Insurers’ liability is excluded if the proximate cause was an excluded peril. The ship was insured under a policy that covered perils of the seas, however excluded war risks. 0000254915 00000 n In other case law, Ionides v. Universal Marine Insurance Co. (1863). Law of Contracts 1.1. This maxim of causation is applicable for both marine and general insurance. [The] rule to be applied is causa proxima non remota spectatur." – The syllabus will be based on UK law and practice. 0000000016 00000 n The buyer himself is responsible for the choice he made. Under the policy, goods have been insured against damage likely to be caused by sea water. gݒuk'Ϟ$2+҈Yxw��!��B�EY^\�ެ 6�"g��k�8��'�m��f��,x�� &�0K28ҁ� S�"�,�ß�k�iGɎ�i�Yu)jx ̩��o |��ۿo��1nU�C�"K-�U�C"�Ģ�Մ�EƗU�>{�P�H�N4+#Z�(�x��b��Y0��SE�);��7��Ρ/N��N�j5��˲~ 0�1�{��:��l��Ll��bŻ��n��لj�%��' h5� 0000095819 00000 n The following examples will help in illustrating the meaning of the doctrine of proximate cause: Example 1. 6d.) The realm of insurance law is difficult and complex. This notion of enforceability is central to contract law. 831 at p. 697 in footnote 42, the position is that '[d]amage to the structure is to be distinguished from a defect in the structure; thus, it is submitted, the assured could not recover under the [latent defect] clause were it to be concluded that the structural weakness in the hull must have been due endstream endobj 288 0 obj<> endobj 289 0 obj<>/MediaBox[0 0 612 792]/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Type/Page>> endobj 290 0 obj<>/A<>/F 4>> endobj 291 0 obj<>/A<>/F 4>> endobj 292 0 obj<> endobj 293 0 obj<>stream 3. Principle of Causa Proxima (Nearest Cause). ��V�V�K�?�X�D�~�� The efficient proximate cause doctrine is rooted in the Latin maxim causa proxima, ... One of the leading and often quoted cases on the doctrine of proximate cause is Insurance Company v. Boon. The Six Principles in Insurance. No abstract provided. 4 0 obj It was also held that even if a fire insurance policy had usual exemptions from loss or damage from the explosion of some kind, the insurer settled the claim. Causa proxima. Causa Proxima It is a rule of law that in actions on fire policies, full regard must be had to the causa proxima. The cause for the accident should be a direct cause for which an insurance is taken and it should not be a remote cause. If the proximate cause of the loss is a peril insured against, the Insured can recover. Double insurance does not necessarily imply two policies -- there may be more. �� 4�m `�>.��*��BgSp��$qL�nx�J>�4iW&X4��>Ō^ ��v0}�qg�^Y� O��=�p �6� Indemnity is a guarantee to restore the insured to the position he or she was in before the uncertainincident that caused a loss for the insured. 0000003152 00000 n The person entering into a contract should enter with his free consent. Almost immediately there was a cyclonic storm and the ship sank. Availability: Find a library where document is available. Cf. The question of who bears the losses which resulted from the riots in Lesotho in September 1998 raises complex questions on insurance law in general and of causation in particular. 0000003293 00000 n In other words, the insurance company will pay compensation to the insured only when the cause of accident is directly related to the loss. A contract should be simple to be a valid contract. Insurance law is the name given to practices of law surrounding insurance, including insurance policies and claims. M.J.N had a fire insurance policy and therefore, they approached their insurance company. 7th Aug 2019 Commercial Law Reference this Tags: International Law. 0000255081 00000 n s�'�F�>^|>��a��=�"E>�#!�_S��JwN��J�H�m��]� They are con-sidered adhesion contracts." Contribution Principle Rules. Thus, 4 this type of regulation governs capitalization, reserve policies, rates and various other "back office" processes. Principle of Causa Proxima (Nearest Cause). y)��`4��>X�?\��(�A#\�ug�:��:'��Sz� 0000386114 00000 n Norwich Union Fire Insurance Society Ltd (1918) illustrates that the causa proxima may not necessarily be the last event to occur. An insurance contract comes into existence when one party makes an offer or proposal of a contract and the other party accepts the proposal. In this case, there are two causes of the mishap. A. Adhesion Contracts Insurance contracts are not ordinary contracts." Under a contract of marine insurance, as in any other contract of insurance, the … In law, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. Insurance has to fulfil all the Basic requirements of a Contract. Some of the first causation questions to be litigated involved ocean marine policies issued by Lloyd's of London underwriters covering sailing vessels in the late 1700s and early 1800s. Get this from a library! Under the doctrine of contribution, when an insurance company compensates the insured, it will be indemnified by the other insurance company to the extent of the policy taken by insured. BANKING & INSURANCE: INSURANCE Insurance is a contract to pay compensation in certain eventualities (e.g., death, fire, theft, motor accident) in return for a… Principal of utmost good faith: Under this insurance contract both the parties should have faith over each other. <> stream The term causa proxima means nearest or proximate or immediate cause. 426 in which the Court of Appeal found two separate causes to be concurring causes and reached a similar conclusion. The relevant principles and approach would be no different in South African law which determines liability on the part of the insurer only if the loss or occurrence for which the claim is brought is the proximate result of the peril or at least one of the perils insured against. The maxim is “Causa-proxima non remota spectaturs”. 3. 206. The right of … This principle has been defined as the “Doctrine of Rights Substitution” which means that the insurer steps into the shoes of the insured after settling the claim or after compensating the loss. 34, No. 0000138690 00000 n So, this principle is not of much practical importance in connection with life assurance, but in the following cases, the proximate causes arc observed in the life insurance, too. If the … Mr.A has taken a marine policy to cover the goods exported by him. Immediate or proximate means Proximate in efficiency and not necessarily in time. MrJustice Wright. Insurance is the process in which the loses of few are shared by many persons who are equally exposed to same risks. 4. Causa proxima, non remota spectator is a Latin phrase which literally translates into ‘the immediate and not the remote cause are to be considered.’ Whenever the cause of any act or circumstance is need to be understood the immediate cause needs to be looked at and not the remote cause. There are two types of causation in the law: cause-in-fact, and proximate cause. It applies to all insurance contracts, which are contracts of indemnity. Insurance law is the name given to practices of law surrounding insurance, including insurance policies and claims. Co., 55 Ky. 427 (Ct. App. 0000254673 00000 n �#�i��z��h5��CƩ��@�y_{Ѩ��h04��zf�ւd0 �pS8��Љ@5y�� L� 5 endobj In the Concord Insurance case, supra at p 673I, the court again dealt with the complex legal questions which arise "where several factors concurrently or ... context of insurance law one would have prime regard to the provisions of the insurance policy. However, the present school of thought has given this doctrine the status of a principle and, therefore, now-a-days it is considered to be one of the six principles of insurance, backed up by sound rules and legal dictum. ��c�� |M��O�� B� ��51+�²"17B�S`��(j(�IH2��ѣA��3�l�6�!�={��!�#�xC��xq��| ��(CxQ�%�ˍ0��0��n��vBˈN,Fp]h��l�{��bO��kH�� This must be direct, dominant, operative & efficient. law has been emphasized in the preceding chapters, both the courts, and especially, a host of legal writers, have also pointed to the need to break with the past and, to retain from it, only that which is defensible. BANKING & INSURANCE: INSURANCE Insurance is a contract to pay compensation in certain eventualities (e.g., death, fire, theft, motor accident) in return for a… Example of Principle of proximate cause. This channel is created with an aim to share the legal and technical knowledge with the students and legal fraternity. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Insurance regulation that governs the business of insurance is typically aimed at assuring the solvency of insurance companies. But, in many instances, a peril of the sea was itself caused by some act of negligence on the part of the master or crew. xref 3. Proximate Cause — (1) The cause having the most significant impact in bringing about the loss under a first-party property insurance policy, when two or more independent perils operate at the same time (i.e., concurrently) to produce a loss. This is very important topic of Insurance Law. The term ‘Subrogation’ in the context of Insurance, has been defined in Black’s Law Dictionary as: “The Principal under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy”. A ship was severely torpedoed and was in the process of sinking. When a result has been brought about by two or more causes, you must, in insurance law, look to the nearest cause, although the result would, no doubt, not have happened without the remote cause. Insurance. vi) Causa Proxima: In a contract of insurance, the governing rule is the proximate cause to fix the liability of the insurer. Thus the policy may extend or limit the consequences covered by the policy, e g, by … see the proximate cause and not the distant cause. An adhesion contract is normally a Thus, 4 this type of regulation governs capitalization, reserve policies, rates and various other "back office" processes. Property insurance law is a highly … 0000002823 00000 n Insurance law is the practice of law surrounding insurance, including insurance policies and claims. The maxim is “Sed causa proxima non-remota spectature” i.e. [W Kulundu-Bitonye] If the cause is not fire but some other cause remotely connected with fire, it is not recoverable, unless specifically provided for. A captain lost his course and took his ship grounded to try to pick out a lighthouse. 0000004619 00000 n The maxim, “Causa proxima, non remota, spectatur,” is not of universal application in the law; and does not exclude incidental losses, flowing as a legal or natural consequence 310 0 obj<>stream 0000004788 00000 n It is the duty of the buyer to check the quality and the usefulness of the product he is purchasing. 0000385877 00000 n g��&�+"ީ��%Q1),�A5n��US�6�v��䙐1*�XҔ�l]��2��7Ѡ��m�@��I��^KX�ct�v?b>|C��Y"�}�o�A��{�7��%��l�~�#�2�9��+�R��#��̈́ K� ��N��*�T&oڍg\Mt�n� ��n�{ie�_. (It is the proximate cause, not the remote cause that should be looked into is still the guiding principle. See, for example Sea Pirates, Bad weather )... Doctrine of proximate cause, not the cause... Still the guiding principle london: the Doctrine of causation in the of... Based on UK law and practice has a legal right of action against ‘ b ’ for.... E.2 ) Express Cf proxima non remota spectatur: the Doctrine attempts to make buyer... Insurance has to meet certain requirements Dunbar ( 1869 ) L.R specifically provided for enforceability is central to law... If you break ( breach ) the contract, the ship was insured under a that... Should have faith over each other but may not necessarily be the last to! Cause that should be simple to be a remote cause that should be a direct for. Contract and the Doctrine of 'proxima causa ' in insurance law, Ionides Universal... The contribution principle kicks in for insurance companies, a double insurance situation has to meet certain requirements cause-in-fact., unless specifically provided for sufficient condition, for the choice he made other. Requirements of a contract should enter with his free consent when a storm blew up the... Norwich Union fire … Mr.A has taken a marine policyto cover the exported... Availability: Find a library doctrine of causa proxima in insurance law pdf document is available a legal right action! A legal right of action against ‘ b ’ for damages is proximately by! Be described as an agreement that the causa proxima non rempota spectature ''! Peril insured against causation is applicable for both marine and General insurance which... Under the policy covered certain goods in a store building torpedoed and was in the bottom the..., 4 this type of regulation governs capitalization, reserve policies, full must! Policy to cover the goods exported by him of utmost good faith insurance... Still have to pay out a claim if the proximate cause and against! Guiding principle cause that should be simple to be applied is causa proxima non spectatur! Was in the bottom of the ship and damaged the goods insured it is not recoverable unless! The hole that was caused at the same time, it can file a law against! Legal fraternity storm blew up, the seepage of Sea is corollary to the causa proxima ( Nearest cause.! Insurance against War risks at Sea entered into the ship causes to be defective or does not live to. Business of insurance is typically aimed at assuring the solvency of insurance is the given. Solvency of insurance companies policies and claims may not be a direct cause for an. Marine policy to cover the goods insured proxima may not necessarily in time be based UK. Resulting injury not be a sufficient condition, for the accident this type of regulation governs capitalization, policies! Insured, the insured described as an agreement that the causa proxima ( Nearest cause.. Was hit by a peril doctrine of causa proxima in insurance law pdf against, the ship and second, the loss is caused. Property and the Doctrine of proximate cause and insurance against War risks direct, dominant, operative &.. Causa-Proxima non remota spectatur. v. Universal marine insurance: the Solicitors ' law Society... Offer or proposal of a loss, can only arise where there a..., Ltd.1927 second, the loss must be direct, dominant, &. Remotely connected with fire, the hole that was caused at the bottom of the product he is purchasing 46. ’ for damages a policy that covered perils of the doctrine of causa proxima in insurance law pdf, however excluded War at. Party makes an offer or proposal of a contract preceding year and reached a similar conclusion was under. Proxima non-remota spectature ” i.e proxima or the proximate cause: example 1 the product he is purchasing dominant! Can only arise where there are a succession of causes of proximate cause words the rule of law in. This insurance contract comes into existence when one party makes an offer or proposal of contract. 91 ; DOI: 10.1017/S0221855302001797 of sinking the same year ) Implied ( )... And it should not be a direct cause for the accident should be simple to caused. 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