Force majeure/exception clause relied on by defendant
By its defence, Miller denied that clause 21(c) had the effect contended for or that there was any implied warranty of seaworthiness; and that it was not in breach of either allegation. It also denied any causal connection between the damage suffered by SCB and any such breaches, and relied upon clause 17, the force majeure/exception clause in the COA which, inter alia, protected Miller from acts or neglects of the Master in the navigation or management of the ship. In answer to the negligence claims, Miller also denied any negligence or that any negligence was causally related to the damage claimed, and asserted contributory negligence. Clause 17 was also raised in response to the claim in tort by SCB.In response to the reliance on clause 17, SCB relied on section 5 of the Sea Carriage of Goods (State) Act 1921, which made certain provisions in "any bill of lading or document" null and void.