Whist

Myburgh, p. 293 : « By contrast, in his dissenting judgement Fogarty J adopted a literal interpretation of the words of article 4.2.a, focusing on the phase “act, neglect or default of the master”, which he held to include reckless and intentional acts. Whist accepting that the master’s act was required to be “in the navigation or in the management of the ship”, he concluded that the master’s motive was irrelevant, and that the word “act” should be interpreted broadly, as it was “ neutral as to quality