(1) Where, by the fault of two or more vessels, damage or loss is caused to one or more of those vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was at fault except that where having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.

(2) Nothing in this section shall

(a) operate to render a vessel liable for a loss or damage if the vessel has not by any default contributed to the loss or damage;

(b) affect the liability of a person under a contract of carriage or any other contract; or

(c) be construed as imposing any liability upon a person from which liability that person is exempted by a contract or by law.