GlossaryEN1 min readUpdated: Jun 19, 2026
Sea freight nautical fault
A master sets a wrong course in heavy weather and cargo is damaged – a textbook case of nautical fault.
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Source: https://www.law.cornell.edu/wex/contract_of_carriage
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Logistics Concept
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Definition & Explanation
A master sets a wrong course in heavy weather and cargo is damaged – a textbook case of nautical fault. The term covers errors by the ship's master, crew, or ship management in the navigation or handling of the vessel that result in loss or damage to cargo, the ship, or third parties. Under traditional maritime law – in particular the Hague-Visby Rules – nautical fault was a recognised exemption: the carrier was not liable to cargo interests for such errors. The Hamburg Rules abolished this exemption; which regime applies depends on the governing law and the terms of the bill of lading. In freight and insurance practice, distinguishing nautical fault from commercial fault – for which the carrier always remains liable – is a recurring point of dispute in claims settlement.
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