‘X’, a captain of the ship, without any fault or negligence on his part, finds himself in a position…
Section 19 applies to a harmful risk taken in good faith, without a criminal intention to cause harm, to prevent or avoid other harm. The captain redirects the ship to avoid…
Choose your answer
‘X’, a captain of the ship, without any fault or negligence on his part, finds himself in a position where he would inevitably run down a boat ‘C’ carrying 10 passengers, unless he changes his course. However, by changing his course he would risk running down a small vessel ‘D’ carrying 2 individuals which he may possibly clear. The captain in good faith, steered the ship away from boat ‘C’ and towards vessel ‘D’ with the intention of preventing harm to the 10 passengers in boat ‘C’.
In light of the aforementioned facts, which one among the following is most appropriate?
Answer and explanation
Correct answer D
Section 19 applies to a harmful risk taken in good faith, without a criminal intention to cause harm, to prevent or avoid other harm. The captain redirects the ship to avoid an inevitable collision with the more crowded boat while trying to clear the smaller vessel. The urgency and seriousness of the threatened harm must justify the risk, as the provision’s ship-captain illustration explains.
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