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Merchant Shipping Act 1970

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This is the original version (as it was originally enacted).

39Civil liability for absence without leave

(1)The following provisions of this section shall apply with respect to the liability of a seaman employed in a ship registered in the United Kingdom to damages for being absent from his ship at a time when he is required under his contract of employment to be on board.

(2)If ne proves that his absence was due to an accident or mistake or some other cause beyond his control and that he took all reasonable precautions to avoid being absent his absence shall not be treated as a breach of contract.

(3)Where subsection (2) of this section does not apply, then—

(a)if no special damages are claimed his liability shall be £10;

(b)if special damages are claimed his liability shall not be more than £100.

(4)In the application of this section to Scotland for the references to special damages there shall be substituted references to damages in respect of specific expense incurred or loss sustained.

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