Академический Документы
Профессиональный Документы
Культура Документы
Delsan failed to prove its claim that there was a contributory negligence on the part of the owner of the goods
Caltex. Dlesan, as the owner of the vessel, was obliged to prove that the loss was caused by one of the excepted
causes if it were to seek exemption from responsibility. 7 Unfortunately, it miserably failed to discharge this burden by
the required quantum of proof.
Delsans argument that it should not be held liable for the loss of diesel oil due to backflow because the same had
already been actually and legally delivered to Caltex at the time it entered the shore tank holds no water. It had been
settled that the subject cargo was still in the custody of Delsan because the discharging thereof has not yet been
finished.