Table of contents
Rule 80 Time of occurrence
1. The event giving rise to a claim incurred by one Member in respect of damage to or loss of cargo (including claims in respect of cargo's contribution to general average payable by the Member solely by reason of breach of contract of carriage) shall be deemed to arise as follows:
a) all loss of or damage to cargo carried on the same cargo carrying voyage shall be deemed to arise out of the same event (a "deemed event"), and that event shall be deemed to have occurred at the earliest of
i) the first place of discharge or port at which such loss or damage was ascertained and at the time of such ascertainment; and
ii) if such loss or damage was ascertained after discharge of the cargo from the Ship, at the time and place of discharge; and
iii) where the Member sold the Ship (or otherwise disposed of his interest in the Ship) during a cargo carrying voyage, at the time when his last entry for the Ship with the Association or any other association which participates in the Pooling Agreement terminated and at the place where the Ship was at that time
i) any reference in this Rule 80.1 to a cargo carrying voyage shall include, in cases where cargo is carried under a contract of carriage partly in the Ship and partly by other means of transport, the entire through or combined transport of that cargo under that contract;
ii) whenever the Association can demonstrate that any loss or damage either actually arose out of a particular event and that that event occurred at or prior to the time of the deemed event, or actually arose out of an event which occurred after the deemed event (irrespective of whether the particular event or the date on which it actually occurred can be identified), the Association may require that such claim be treated separately from those other claims deemed as aforesaid to have arisen out of the deemed event.
b) all loss or damage to cargo carried under a contract for carriage partly in the Ship and partly by other means of transport, being a contract entered into during the period of entry of the Ship, arising out of an event occurring after the discharge of the relevant cargo from the Ship (or after the Member sells the Ship, or otherwise disposes of the interest in the Ship, if earlier) shall be deemed for the purpose of Rule 2.4.c to have occurred at the time of discharge of the relevant cargo from the Ship (or immediately prior to sale or disposal referred to above, if earlier).
2 Where the Member incurs a liability in respect of the death, disease or personal injury of an individual, and the specific date on which any event causing such death, disease or personal injury has not been ascertained, the Member shall be deemed to have incurred the liability at a uniform rate over the period during which the event or events causing the death, disease or personal injury occurred or may have occurred ("the period of exposure"), and any claim the Member may have against the Association shall be limited to such proportion of the liability as the period for which the Member has relevant cover bears to the period of exposure.
3 For the purposes of Defence cover the event giving rise to a claim shall be deemed to arise as follows:a) claims arising out of contract (subject to paragraphs (b) and (c) below), in tort or under statute: when the cause of action accrues;