A Treatise on the Law of Marine Insurance and Average: With References to the American Cases, and the Later Continental Authorities, Volumes 1-2 |
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Common terms and phrases
aban abandonee absolute total loss action brought adjustment affreightment arrival assured average contribution barratry Benecké benefit Bingh bottomry Boulay-Paty captain capture casualty chap charter-party circumstances cited clause Comp constructive total loss court crew damage deducting detention doctrine donment Dougl earned East effect embargo Emerigon English law entitled expenses fact free of average ground held ibid incurred Indem jettisoned judgment jury Kent's Comm liable Lord Alvanley Lord Ellenborough Lord Mansfield Lord Tenterden loss on freight loss on ship mariners Maule & Sel memorandum ment notice of abandonment owner paid partial loss particular average loss parties perils insured perishable Phillips plaintiff port of destination principle ratry recover repaired value Royal Exch rule sacrifice sailed salvage saved sea-damaged sect seizure ship and cargo ship's shipowner sold Stevens on Average stranding Taunt thing insured tion transhipment Valin voyage warranted free wreck writer
Popular passages
Page 842 - Corn, fish, salt. fruit, flour, and seed are warranted free from average, unless general. or the ship be stranded - sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent. unless general, or the ship be stranded.
Page 839 - Ship, &c., or any part thereof ; and in case of any Loss or Misfortune it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in, and about the Defence, Safeguard, and Recovery of the said Goods, Merchandises, and Ship, &c. , or any part thereof, without prejudice to this Insurance ; to the charges whereof we, the Assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Page 979 - In all these or any similar cases, if a prudent man not insured would decline any further expense in prosecuting an adventure, the termination of which will probably never be successfully accomplished, a party insured may, for his own benefit, as well as that of the underwriter, treat the case as one of a total loss, and demand the full sum insured.
Page 784 - Fire, Enemies, Pirates, Rovers, Thieves, Jettisons, Letters of Mart and Countermart, Surprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes and People, of what Nation, Condition, or Quality soever...
Page 784 - ... all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 979 - ... intelligence of the accident, that the underwriter may be entitled to all the benefit of what may still be of any value ; and that he may, if he pleases, take measures, at his own cost, for realising or increasing that value.
Page 851 - To use a vulgar phrase which has been applied to this subject, if it is ' touch and go ' with the ship there is no stranding. It cannot be enough that the ship lay for a few moments on her beam ends. Every striking must necessarily produce a retardation of the ship's motion. If by...
Page 1038 - Thus, gene-rally speaking, that is a case of constructive total loss where the thing insured has been reduced to such a state, or placed in such a position, by the perils insured against, as to make its total destruction or annihilation, though not inevitable, yet highly imminent, or its ultimate arrival under the terms of the policy, though not utterly hopeless, yet exceedingly doubtful.
Page 795 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major : In that case, the misfortune must be borne by the party on whom it happens to light ; the other not being responsible to him in any degree.
Page 852 - I conceive to be this : where a vessel takes the ground in the ordinary and usual course of navigation and management in a tide river or harbour, upon the ebbing of the tide, or from natural deficiency of water, so that she may float again upon the flow of tide or increase of water, such an event shall not be considered a stranding within the sense of the memorandum.