Professional Documents
Culture Documents
MARINE INSURANCE
Marine insurance is a contract “whereby the insurer undertakes to indermnify the
assured, in manner and to the extent thereby agreed against marine losses that is to say
the losses incident to marine adventure.
Marine insurance is the insurance of ships, freight, goods and insurable interests in the
adventure of a carriage of goods by sea.
According to the subject matter insured the types of insurance are broadly divided into
five different classes:
1. Hull and Machinery
2. Protection and Indemnity (P and I)
3. Freight
4. Disbursements
5. Insurance premiums
LESSON 2
GENERAL AVERAGE
General average act: A general average act may be either a sacrifice or an expenditure,
extraordinary in nature, voluntarily and reasonably made or incurred, in time of
general peril, for the common safety, for the purpose of preserving from peril the
property involved in a common maritime adventure.
When all these essentials are presents, there is said to be a general average act, and the
loss is to be made good by the contribution of all concerned, when the adventure is
saved. General Average Loss: A general average loss is one caused by or directly
consequential on a general average act, which may be either a sacrifice or an
expenditure.
Examples of sacrifices:
1. Ship:
- A vessel strands and the engines are worked an anchors and or cables lost in
refloating.
- Fire lower hold, so that a bulkhead is broken down to reach the fire.
2. Cargo:
- Jettison of cargo in time of peril is the earliest from of general average.
- Cargo on fire may be further damaged by water or chemicals used to extinguish
fire and cargo not on fire can be damaged by water, the latter only is a general
average sacrifice (Fire is fortuitous, water damaged is voluntary).
- Inhereat vice causing fire, water damaged to other cargo is general average.
- Cargo burnt as fuel, general average if sufficient fuel was provided
commencement of the voyage.
3. Freight: If cargo is sacrificed and therefore not delivered, the shipowner cannot
collect his freight, which is thus sacrificed equally with the cargo.
Examples of expenditure:
- The expense of hiring craft to lighten a vessel when ashore and the cost of
restowing shifted cargo caused by heavy weather are general average
expenditure.
- If a vessel is stowed to a port of refuge by hired, the cost is treated as general
average expenditure, it is an expense incurred for the safety of the whole
adventure.
Lesson 3
Implied obligations and Immunities in affreightment
The carrier accepts the responsibilities and liabilities of a bailee. However, the carrier
is impliedly exonerated for loss or damage to the cargo arising from acts of God,
perils of the sea queen’s enemies, inherent vice, fire
The carrier undertakes to provide a seaworthy ship. The implication is that the ship
shall be seaworthy when the voyage begins for that particular voyage and for the
cargo carried.
3. The vessel must proceed on the agreed voyage with reasonable despatch.
4. No deviation
Deviation is justified in the following cases:
a. For purposes necessary for the prosecution of the voyage or the safety of the
adventure
b. To save human life
c. Where there is any express clause permitting deviation
5. The shipper undertakes not to ship dangerous goods without notice
6. The carrier’s right to freight is impliedly secured by a lien on the goods.
7. if subsequent to the formation of a contract of affreightment, its performance
becomes impossible (for example, by the outbreak of hostilities), the parties are
released from its performance
LESSON 4
BILLS OF LADING
B/L is a contract between a shipper and carrier for the carriage of goods by sea.
Three functions of B/L:
1. Receipt for goods shipped.
2. Evidence (statement) of the terms of the contract of affreightment.
3. Document of title to the goods specified in the B/L.
It is a receipt given by a shipowner in acknowledgment of the shipment of the goods
specified in the bill, it may also contain or evidence the terms of the contract of
affreightment under which the goods are to be carried and delivered by the shipowner,
it is a document of title to those goods by means of which the property may be
transferred and upon which money may be advanced.
Classification of Bills of Landing:
Bs/L
Shipped B/L
Received for shipment B/L (Custody B/L)