What is Perils Of The Sea?

Legal Definition
Contracts. Bills of lading generally contain an exception that the carrier shall not be liable for "perils of the sea." What is the precise import of this phrase is not perhaps very exactly settled. In a 'strict sense, the words perils of the sea, denote the natural accidents peculiar to the sea; but in more than one instance they have been held to extend to events not attributable to natural causes. For instance, they have been held to include a capture by pirates on the high sea and a case of loss by collision by two ships, where no blame is imputable to either, or at all events not to the injured ship. Abbott on Sh. P. 3, C. 4 §1, 2, 3, 4, 5, 6; Park. Ins. c, 3; Marsh. Ins. B. 1, c. 7, p. 214; 1 Bell's Comm. 579; 3 Kent's Comm. 251 n. (a); 3 Esp. R. 67.

2. It has indeed been said, that by perils of the sea are properly meant no other than inevitable perils or accidents upon the sea, and, that by such perils or accidents common carriers are, prima facie, excused, whether there be a bill of lading containing the expression of "peril of the sea," or not. 1 Conn. Rep. 487.

3. It seems that the phrase perils of the sea, on the western waters of the United States, signifies and includes perils of the river. 3 Stew. & Port. 176.

4. If the law be so, then the decisions upon the meaning of these words become important in a practical view in all cases of maritime or water carriage.

5. It seems that a loss occasioned by leakage, which is caused by rats gnawing a hole in the bottom of the vessel, is not, in the English law, deemed a loss by peril of the sea, or by inevitable casualty. 1 Wils. R. 281; 4 Campb. R. 203. But if the master had used all reasonable precautions to prevent such loss, as by having a cat on board, it seems agreed, it would be a peril of the sea, or inevitable accident. Abbott on Shipp. p. 3, c. 3, §9; but see 3 Kent's Comm. 243, and note c. In conformity to this rule, the destruction of goods at sea by rats has, in Pennsylvania, been held a peril of the sea, where there has been no default in the carrier. 1 Binn. 592. But see 6 Cowen, R. 266, and 3 Kent's Com. 248, n. c. On the other hand, the destruction of a ship's bottom by worms in the course of a voyage, has, both in America and England, been deemed not to be a peril of the sea, upon the ground, it would seem, that it is a loss by ordinary wear and decay. Park. on Ins. c. 3; 1 Esp. R. 444; 2 Mass. R. 429 but see 2 Cain. R. 85. See generally, Act of God; Fortuitous Event;. Marsh. Ins. eh. 7; and ch. 12, §1.; Hildy on Mar. Ins. 270.
-- Bouviers Law Dictionary
Legal Definition
In maritime and insurance law. Natural accidents peculiar in the sea, which do not happen by the intervention of man, nor are to be prevented by human prudence. 3 Kent, Comm. 216. Perils of the sea are from

(1) storms and waves;

(2) rocks, shoals, and rapids ;

(3) other obstacles, though of human origin;

(4) changes of climate;

(5) the confinement necessary at sea;

(6) animals peculiar to the sea;

(7) nil other dangers peculiar to the sen. Civ. Code Cal. § 2199. Ail losses caused by the action of wind and water acting on the property insured, under extraordinary circumstances, either directly or mediately, without the intervention of other independent active external causes, are losses by "perils of the sea or other perils and dangers," within the meaning of the usual clause in a policy of marine insurance. Baily, Perils of Sea, 6. In an enlarged sense, nil losses which occur from maritime adventure may be said to arise from the perils of the sea; but underwriters are not bound to this extent. They insure against losses from extraordinary occurrences only; such as stress of weather, winds and waves, lighthing, tempests, eta These are understood to be meant by the phrase "the perils of the sea," in a marine policy, and not those ordinary perils which every vessel must encounter. Hazard v. New England Mar. Ins. Co.. 8 Pet. 557, 8 In Ed. 1048.
-- Black's Law Dictionary
Legal Definition
All perils, losses, and misfortunes of a marine character, or of a character incident to a ship as such. See 76 Cal. 145, 9 Am. St. Rep. 184, 18 Pac. 155; and 41 Am. Dec. 281, note.
-- Ballentine's Law Dictionary