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Context : Half-way during a sea journey carrying refrigerated meat products from Sydney to Shanghai, a crew member responsible for checking and maintaining the temperature
Context: Half-way during a sea journey carrying refrigerated meat products from Sydney to Shanghai, a crew member responsible for checking and maintaining the temperature controls in the ship's refrigerated cargo holds accidently turned the temperature controls to the 'off' setting. The ship's cargo of meat products spoils and goes bad as a result.
Question: Would the carrier be able to rely on the 'nautical fault' defence found in Article 4(2)(a) of the Hague-Visby Rules in the above situation?
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