Fanad Head v. Adams

Fanad Head v. Adams

Convoy orders do not relieve an individual master of the duty to take independent action in a situation of danger; on the facts both vessels breached their obligations (Fanad Head by failing to take adequate precautions and maintain safe speed after hearing fog signals; Flora Alberta by proceeding at excessive speed and failing effective lookout), and majority of Court apportioned liability two-thirds to Fanad Head and one-third to Flora Alberta.

Citation
[1949] SCR 407
Parties
Appellant / Defendant: S.S. Fanad Head; Respondents / Plaintiffs: Henry W. Adams et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 March 1949
Procedural Posture
Admiralty Collision Appeal to Supreme Court of Canada / On Appeal From Exchequer Court of Canada (nova Scotia Admiralty District)
Outcome
Appeal allowed in part; judgment below varied to apportion liability between vessels
Legal Topics
Convoy Orders, Seamanship, International Regulations for Prevention of Collisions at Sea (art.16), Negligence Apportionment, Fog Signals, Lookout and Speed
Source Language
English
Maritime Law Admiralty Tort Transportation Convoy Orders Seamanship International Regulations for Prevention of Collisions at Sea (art.16) Negligence Apportionment +2 more

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Parties

S.S. Fanad Head

Appellant / Defendant

Henry W. Adams et al.

Respondents / Plaintiffs

Procedural Posture

Admiralty Collision Appeal to Supreme Court of Canada / On Appeal From Exchequer Court of Canada (nova Scotia Admiralty District)

Legal Issues

  1. 1 Whether convoy orders absolve a master from taking independent action in an emergency
  2. 2 Whether Fanad Head breached Art.16 by proceeding at excessive speed and failing to stop or take proper precautions on hearing fog signals
  3. 3 Whether Flora Alberta was negligent in excessive speed and inadequate lookout and in failing to hear convoy signals

Ratio Decidendi

Convoy orders do not relieve an individual master of the duty to take independent action in a situation of danger; on the facts both vessels breached their obligations (Fanad Head by failing to take adequate precautions and maintain safe speed after hearing fog signals; Flora Alberta by proceeding at excessive speed and failing effective lookout), and majority of Court apportioned liability two-thirds to Fanad Head and one-third to Flora Alberta.

Court Disposition

Appeal allowed in part; judgment below varied to apportion liability between vessels

Orders

  • Liability apportioned two-thirds to the Fanad Head and one-third to the Flora Alberta
  • Appellant to have costs of this appeal