(e) Notwithstanding anything to the contrary contained in this Contract or elsewhere, Contractor’s total maximum liability for anything whatsoever arising out of or in connection with the performance of this Contract by Contractor shall in no event exceed the total value of the Contract or one milli的翻译：(e) 尽管有任何链结引起或本合同由承建商的表现应在任何情况超过一百万美国 dollars，which 或合同的总价值过相反包含在本合同或其它地方，总承建商的最大责任较低，而公司须辩护，赔偿以及承建商不伤害任何及所有的索赔要求，成本和责任的任何种类或性质的合同或不断降低 100 万美金的总价值超过。 什么意思？中文翻译英文，英文翻译中文，怎么说？
青云英语翻译
(e) Notwithstanding anything to the contrary contained in this Contract or elsewhere, Contractor’s total maximum liability for anything whatsoever arising out of or in connection with the performance of this Contract by Contractor shall in no event exceed the total value of the Contract or one milli
选择语言：从
罗马尼亚语
罗马尼亚语
（E）即使有任何相反在本合同或其他地方，承包方的总什么最大责任任何所产生出的或与本合同由承包商的表现中不得超过在任何情况下的合同总价值或一百万美元，其中以往任何时候都低，和公司应赔偿，并且追究承包和反对任何及所有索赔，要求，成本和任何形式的字符，或在合同的总价值超过一百万美元的负债无害越来越低。
(e) 尽管有任何链结引起或本合同由承建商的表现应在任何情况超过一百万美国 dollars，which 或合同的总价值过相反包含在本合同或其它地方，总承建商的最大责任较低，而公司须辩护，赔偿以及承建商不伤害任何及所有的索赔要求，成本和责任的任何种类或性质的合同或不断降低 100 万美金的总价值超过。
(e) 仍然在这个合同相反包含的任何东西或在别处，承包商的总最大责任为任何东西出现在或与这个合同相关外面表现的任何由Contractor从未将超出合同的总价值或一百万美元，更低。和公司将保卫，保障和拿着承包
(e) 尽管有任何链结引起或本合同由承建商的表现应在任何情况超过一百万美国 dollars，which 或合同的总价值过相反包含在本合同或其它地方，总承建商的最大责任较低，而公司须辩护，赔偿以及承建商不伤害任何及所有的索赔要求，成本和责任的任何种类或性质的合同或不断降低 100 万美金的总价值超过。当前位置： &
求翻译：The party issuing contract should bear the liability for breach of contract if he breaks a contract according to Clause 24 in common use of this contract是什么意思？
The party issuing contract should bear the liability for breach of contract if he breaks a contract according to Clause 24 in common use of this contract
问题补充：
发包方合同应承担违约责任，如果他打破了一项合同，根据共同使用本合同第24条
正在翻译，请等待...
如果他根据条目24在对这个合同的共同的使用，违反合同发布合同的党应该负担责任为合同违约
方签发合同应熊如果他违背合同违约责任按 24 条共同使用这份合同
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1)&&liability of the contract parties
合同各方责任
2)&&contract responsibilities
This paper discusses the management model and operation process of general contract project item and ana- lyzes the general contractors contract responsibilities and management system.
探讨了工程总承包项目的管理模式和运作过程,并在此基础上分析总结了总承包商的合同责任和管理体系。
3)&&contract responsibility
4)&&contract liability
distribute way of Product quality Liability in Civil Proceedings caused by medical instruments and goods,according to the distribute way of Contract Liability in Civil Proceed- ings caused by common services.
因医疗行为引起的侵权诉讼,实行证明责任倒置；因医疗行为引起的违约诉讼,因为侵权与违约竟合,多按侵权诉讼分配证明责任；因医疗器械或医用商品引起的诉讼,按产品质量责任分配证明责任；因社会化的服务引起的诉讼,按合同责任分配证明责任。
This paper takes a contract liability approach to the civil obligation of the improper dealing mentioned above on the purpose of providing more theoretical choices for a reasonable settlement to securities di.
本文试图以合同责任统一解决上述三种证券不当交易行为的民事责任问题,目的仅在于为合理解决证券民事纠纷提供更多的理论基础选择。
5)&&contractual liability
Realizing the extension of contractual liability s subject and object scope,by means of development of the subordinated obligation theory,is a marked characteristic of law contract which is adapted to modern society.
通过附随义务理论的发展,实现合同责任主观范围或客观范围的扩张,乃是合同法实现现代社会化发展的一个显著特征。
Therefore,in order to protect and relieve the legal interests of the interested person,the referee must undertake legal liabilities for his/her illegal action,which include contractual liability,tort liability,administrative responsibility and criminal responsibility.
如果裁判的裁决是基于恶意或严重过失,不仅违反了相关比赛规则的规定,还违反了法律义务,因此,应当对自己的不法行为承担法律责任,包括合同责任、侵权责任、行政责任和刑事责任,以使利害关系人的合法权益得到保护和救济。
6)&&all parties to the contract
补充资料：承担违反金融合同责任的方式
承担违反金融合同责任的方式
违约金可以分为约定违约金与法定违约金两种形式。约定违约金是指法律法规没有具体规定，而由当事人在签订合同时协商确定的违约金。.法定违约金是法律法规直接规定的违约金。包括两种类型:第一种类型，是由有关法律法规直接规定违约金比率，依此比率直接计算出违约金的数额，称为固定比率的违约金。如《借款合同条例》第十五条至第十七条的规定，金融合同的法定违约金多属此种类型。第二种类型，是有关法律法规只规定违约金的比率幅度，同时允许当事人在法定比例幅度内商定具体比例或数额的违约金，称之为浮动比例违约金。当事人约定的违约金，·如果在法定比率限度内，按约定办理;超出法定比率幅度的，超出部分无效，低于法定比率幅度的，按法定的最低限执行。无论是固定比例违约金还是浮动比例违约金，即使当事人在合同中未规定任何违约金条款，只要当事人有违约行为，均应依法承担违约责任。而约定违约金则实行当事人意思自治主义原则，当事人有约定，按约定办理;当事人未约定的，一方违约，对方只能要求赔偿损失，无权主张违约金。
2.赔偿损失
赔偿损失，是指金融合同当事人不履行合同义务给对方造成损失时，依法应承担的赔偿责任。赔偿损失是金融合同违约责任中最重要、最广泛的责任方式。
金融合同中承担赔偿责任应同时具备4个要件:一是要有不履行合同义务的行为;二是要有造成经济损失的事实;三是不履行合同义务的行为与造成经济损失的事实之间具有因果关系;四是不履行合同义务主观上具有过错，即出于故意或过失。
金融合同的赔偿责任是依照法律规定产生的，不需要双方在合同中约定。根据《合同法》的有关规定，金融合同中赔偿金的支付，必须以“违约已给对方造成的损失超过违约金”为前提条件，而且是“补偿违约金的不足部分”。因此，金融合同中赔偿损失是以弥补损失为原则，具有补偿性质。
3.继续履行
继续履行，是指在一方违反金融合同情况下，另一方有权要求不履行合同义务的当事人继续按照合同规定履行义务。根据《合同法》的有关规定，违反金融合同的当事人支付违约金，赔偿金后，并不能因此免除其继续履行合同的责任，对方要求继续履行合同的，应继续履行。如借款合同成立后。因贷款方责任未能按期提供贷款的，除支付借款方违约金后，仍应按合同约定提供贷款。
说明：补充资料仅用于学习参考，请勿用于其它任何用途。1906英国海上保险法（上部分&中英文）
&&&&&&&&&&&&&&&&&&&&&&&&
&Marine Insurance&
&1Marine insurance
A contract
of marine insurance is a contract whereby the insurer undertakes to
indemnify the
in manner and to the extent thereby agreed, against marine losses,
that is to say, the losses incident to marine adventure.
Mixed sea and land risks
contract of marine insurance may, by its express terms, or by a
usage of trade, be extended so as to protect the assured against
losses on inland water or on any land risk which may be
&incidental to any sea
&(2) Where a ship in
course of building, or the launch of a ship, or any adventure
analogous to a
adventure, is covered by a policy in the form of a marine policy,
the provisions of this Act, in so far as applicable, shall apply
but, except by this section provided, nothing in this Act
shall alter or affect any rule of law applicable to any contract of
insurance other than a contract of marine insurance as by this Act
Marine adventure and maritime perils defined
3.(1) Subject to the provisions of this Act, every lawful marine
adventure may be the subject of a contract of marine
insurance.
(2) In particular there is a marine adventure where-
(a) Any ship, goods or other movables are exposed to maritime
perils. Such property is in the Act referred to as “insurable
property.”
(b) The earning or acquisition of any freight, passage money,
commission, profit or other pecuniary benefit, or the security for
any advances, loans or disbursements, is endangered by the exposure
of insurance property to maritime perils.
(c) Any liability to a third party may be incurred by the owner of,
or other person interested in or responsible for, insurable
property, by reason of maritime perils.
&Insurable Interest
Avoidance of wagering or gaming
4.(1) Every contract of marine insurance by way of gaming or
wagering is void.
(2) A contract of marine insurance is deemed to be a gaming or
wagering contract-
(a) Where the assured has not an insurable interest as defined by
this Act and the contract is entered into with no expectation of
(b) Where the policy is made “interest or no interest” or “without
further proof of interest than the policy itself”, or “without
benefit of salvage to the insurer”, or subject to any other like
Provided that, where there is no possibility of salvage, a policy
may be effected without benefit of salvage to the
Insurable interest defined
Subject to
the provisions of this Act, every person has an insurable interest
who is interested in a marine adventure.
In particular, a person is
interested in a marine adventure where he stands in any legal or
equitable relation to the adventure or to any insurable property at
risk therein, in consequence of which he may benefit by the safety
or due arrival of insurable property, or may be prejudiced by its
loss, or by damage thereto, or by the detention thereof, or may
incur liability in respect thereof.
When interest must attach
&The assured must be
interested in the subjectmatter insured at the time of loss though
he need not be interested when the insurance is
Where the assured has no interest at the time of the loss, he
cannot acquire interest by any act or election after he is aware of
Defeasible or contingent interest
7.(1) A defeasible interest is insurable, as also is a contingent
(2) In particular, where the buyer of goods has insured them, he
has an insurable interest, notwithstanding that he might, at his
election, have rejected the goods, or have treated them as at the
seller's risk, by reason of the latter's delay in making delivery
or otherwise.
8. A partial interest of any nature is insurable.
Re-insurance
9(1) The insurer under a contract of marine insurance has an
insurable interest in his risk, and may re-insure in respect of
(2) Unless the policy otherwise provides, the original assured has
no right or interest in respect of such re-insurance.
10. The lender of money on bottomry or respeondentia has an
insurable interest in respect of the loan.
Masters and seamens wages
11. The master or any member of the crew of a ship has an insurable
interest in respect of his wages.
Advance freight
12. In the case of advance freight, the person advancing the
freight has an insurable interest, in so for as much freight is not
repayable in case of loss.
Charges of insurance
13. The assured has an insurable interest in the charges of any
insurance which be may effect.
Quantum of interest
14.(1) Where the subject-matter insured is mortgaged, the mortgagor
has an insurable interest in the full value thereof, and the
mortgagee has an insurable interest in respect of any sum due or to
become due under the& mortgage.
(2) A mortgagee, consignee, or other person having an interest in
the subject-matter insured may insure on behalf and for the benefit
of other persons interested as well as for his own
(3) The owner of insurable property has an insurable interest in
respect of the full value thereof, notwithstanding that some third
person may have agreed, or be liable, to indemnify him in case of
Assignment of interest
assured assigns or otherwise parts with his interest in the
subjectmatter insured, he does not thereby transfer to the assignee
his rights under the contract of insurance, unless there be an
express or implied agreement with the assignee to that
But the provisions of this section do not affect a transmission of
interest by operation of law.
&Insurable Value
Measure of insurable value
16. Subject to any express provision or valuation in the policy,
the insurable value of the subject-matter insured must be
ascertained as follows:-
(1) In insurance on ship, the insurable value is the value at the
commencement of the risk, of the ship, including her outfit,
provisions and stores for the officers and crew, money advanced for
seamen’s wages, and other disbursements (if any) incurred to make
the ship fit for the voyage or adventure contemplated by the
policy, plus the charges of insurance upon the&
The insurable value, in the case of a steamship, includes also the
machinery, boilers, and coals and engine stores if owned by the
assured, and, in the case of a ship engaged in a special trade, the
ordinary fittings requisite for that trade:
(2) In insurance on freight, whether paid in advance or otherwise,
the insurable value is the gross amount of the freight at the risk
of the assured, plus the charges of insurance:
&(3) In insurance on
goods or merchandise, the insurable value is the prime cost of the
property insured, plus the expenses of and incidental to shipping
and the charges of insurance upon the whole:
(4) In insurance on any other subject-matter, the insurable value
is the amount at the risk of the assured when the policy attaches,
plus the charges of insurance.
&&Disclosure and
Representation
Insurance is uberrimae fidei
17A contract of marine insurance is a contract based
upon the utmost good faith and, if the utmost good faith be not
observed by either party, the contract may be avoided by the other
Disclosure by assured
18.(1) Subject to the provisions of this section, the assured must
disclose to the insurer, before the contract is concluded, every
material circumstance which is known to the assured, and the
assured is deemed to know every circumstance which, in the ordinary
course of business, ought to be known by him. If the assured fails
to make such disclosure, the insurer may avoid the
(2) Every circumstance is material, which would influence the
judgment of a prudent insurer in fixing the premium, or determining
whether he will take the risk.
(3) In the absence of inquiry the following circumstances need not
be disclosed, namely:-
(a) Any circumstance which &&&
(b) Any circumstance which is known or presumed to be known to the
insurer. The insurer is presumed to know matters of common
notoriety or knowledge, and matters which an insurer in the
ordinary course of his business, as such,
(c) Any circumstance as to which information is waived by the
(d) Any circumstance which it is superfluous to disclose by reason
of any express or implied warranty.
(4) Whether any particular circumstance, which is not disclosed, be
material or not is, in each case, a question of fact.
(5) The term “circumstance” includes any communication made to, or
information received by, the assured.
Disclosure by agent effecting insurance
19Subject to the provisions of the preceding section
as to circumstances which need not be disclosed where an insurance
is effected for the assured by an agent, the agent must disclose to
the insurer-
(a) Every material circumstance which is known to himself, and an
agent to insure is deemed to know every circumstance which in the
ordinary course of business ought to be known by, or to have been
communicated to, and
(b) Every material circumstance which the assured is bound to
disclose, unless it came to his knowledge too late to communicate
it to the agent.
Representations pending negotiation of
&Every material
representation made by the assured or his agent to the insurer
during the negotiations for the contract and before the contract is
concluded, must be true. If it be untrue the insurer may avoid the
A representation is material which would influence the judgment of
a prudent insurer in fixing the premium, or determining whether he
will take the risk.
A representation may be either a representation as to a matter of
fact, or as to a matter of expectation or belief.
A representation as to a matter of fact is true, if it be
substantially correct, that is to say, if the difference between
what is represented and what is actually correct would not be
considered material by a prudent insurer.
representation as to a matter of expectation or belief is true if
it be made in good faith.
representation may be withdrawn or corrected before the contract is
concluded.
particular representation be material or not is, in each case, a
question of fact.
When contract is deemed to be concluded
21A contract of marine insurance is deemed to be
concluded when the proposal of the assured is accepted by the
insurer, whether the policy be then issued or not and, for the
purpose of showing when the proposal was accepted, reference may be
made to the slip or covering note or other customary memorandum of
the contract.
&The Policy
Contract must be embodied in policy
22. Subject to the provisions of any statute, a contract of marine
insurance is inadmissible in evidence unless it is embodied in a
marine policy in accordance with this Act. The policy may be
executed and issued either at the time when the contract is
concluded, or afterwards.
What policy must specify
23. A marine policy must specify-
(1) The name of the assured, or of some person who effects the
(2) The subject-matter insured and the risk insured
(3) The voyage, or period of time, or both, as the case may be,
(5) The name or names of the insurance.&
Signature of insurer
24.(1) A marine policy must be signed by or on behalf of the
insurer, provided that in the case of a corporation the corporate
seal may be sufficient, but nothing in this section shall be
construed as requiring the subscription of a corporation to be
under seal.
(2) Where a policy is subscribed by or on behalf of two or more
insurers, each subscription, unless the contrary by expressed,
constitutes a distinct contract with the assured.
Voyage and time policies
Where the contract is to insure the subject-matter at and from, or
from one place to another or others, the policy is called a “voyage
policy” and where the contract is to insure the subject-matter for
a definite period of time the policy is called a
time policy”. A
contract for both voyage and time may be included in the same
Designation of subject-matter
26(1).The subject-matter insured must be designated in a marine
policy with reasonable certainty.&&
(2) The nature and extent of the interest of the assured in the
subject-matter insured need not be specified in the
(3) Where the policy designates the subject-matter insured in
general terms ,it shall be construed to apply to the interest
intended by the assured to be covered.
(4) In the application of this section regard shall be had to any
usage regulating the designation of the subject-matter
Valued policy
27.(1) A policy may be either valued or unvalued&
(2) A valued policy is a policy, which specifies the agreed value
of the subject-matter insured.
(3) Subject to the provisions of this Act, and the absence of
fraud, the value fixed by the policy is, as between the insurer and
assured, conclusive of the insurable value of the subject intended
to be insured, whether the loss be total or partial.
(4) Unless the policy otherwise provides, the value fixed by the
policy is not conclusive for the purpose of determining whether
there has been a constructive total loss.
Unvalued policy
28. An unvalued policy is a policy which does not specify the value
of the subject-matter insured, but, subject to the limit of the sum
insured, leaves the insurable value to be subsequently ascertained,
in the manner herein before specified.
Floating policy by ship or ships
29.(1) A floating policy is a policy which describes the insurance
in general terms, and leaves the name of the ship or ships and
other particulars to be defined by subsequent
declaration.
(2) The subsequent declaration or declarations may be made by
endorsement on the policy, or in other customary manner.
(3) Unless the policy otherwise provides, the declarations must be
made in the order of dispatch or shipment. They must, in the case
of goods, comprise all consignments within the terms of the policy,
and the value of the goods or other property must be honestly
stated, but an omission or erroneous declaration may be rectified
even after loss or arrival, provided the omission or declaration
was made in good faith.
(4) Unless the policy otherwise provides, where a declaration of
value is not made until after notice of loss or arrival, the policy
must be treated as an unvalued policy as regards the subject to
matter of that declaration.
Construction of terms in policy
30.(1) A policy may be in the form in the First Schedule to this
(2) Subject to the provisions of this Act, and unless the context
of the policy otherwise requites, the terms and expressions
mentioned in the First Schedule to this Act shall be construed as
having the scope and meaning in that Schedule assigned to
Premium to be arranged
31.(1) Where an insurance is effected at a premium to be arranged,
and no arrangements is made, a reasonable premium is
(2) Where an insurance is effected on the terms that an additional
premium is to be arranged in a given event, and that event happens,
but no arrangement is made, then a reasonable additional premium is
&Double Insurance
Double insurance
32.(1) Where two or more policies are effected by or on behalf of
the assured on the same adventure and interest or any part thereof,
and the sums insured exceed the indemnity allowed by this Act, the
assured is said to be over-insured by double insurance
(2) Where the assured is over-insured by double
insurance-
(a) The assured, unless the policy otherwise provides, may claim
payment from the insurers in such order as he may think fit,
provided that he is not entitled to receive any sum in excess of
the indemnity allowed by this A
(b) Where the policy under which the assured claims is a valued
policy, the assured must give credit as against the valuation for
any sum received by him under any other policy without regard to
the actual value of the subject-
(c) Where the policy under which the assured claims is an unvalued
policy he must give credit, as against the full insurable value,
for any sum received by him un
(d) Where the assured receives any sum in excess of the indemnity
allowed by this Act, he is deemed to hold such sum in trust for the
insurers according to their right of contribution among
themselves.
Warranties, etc.
Nature of warranty
33.(1) A warranty, in the following sections relating to
warranties, means a promissory warranty, that is to say, a warranty
by which the assured undertakes that some particular thing shall or
shall not be done, or that some condition shall be fulfilled, or
whereby he affirms or negatives the existence of a particular state
(2) A warranty may be express or implied.&&&&
(3) A warranty, as above defined, is a condition which must be
exactly complied with, whether it be material to the risk or not.
If it be not so complied with, then, subject to any express
provision in the policy, the insurer is discharged from liability
as from the date of the breach of warranty, but without prejudice
to any liability incurred by him before that date.
When breach of warranty excused
compliance with a warranty is excused when, by reason of a change
of circumstances, the warranty ceases to be applicable to the
circumstances of the contract, or when compliance with the warranty
is rendered unlawful by any subsequent law.
a warranty is broken, the assured cannot avail himself of the
defence that the breach has been remedied, and the warranty
complied with, before loss.
(3) A breach of warranty may be waived by the insurer.&
Express warranties
35.(1) An express warranty may be in any form of words from which
the intention to warrant is to be inferred.
(2) An express warranty must be included in, or written upon, the
policy, or must be contained in some document incorporated by
reference into the policy.
(3) An express warranty does not exclude an implied warranty,
unless it be inconsistent therewith.
Warranty of neutrality
36.(1) Where insurable property, whether ship or goods, is
expressly warranted neutral, there is an implied condition that the
property shall have a neutral character at the commencement of the
risk, and that, so far as the assured can control the matter, its
neutral character shall be preserved during the risk.
(2) Where a ship is expressly warranted “neutral” there is also an
implied condition that, so far as the assured can control the
matter, she shall be properly documented, that is to say, that she
shall carry the necessary papers to establish her neutrality, and
that she shall not falsify or suppress her papers, or use simulated
papers. If any loss occurs through breach of this condition, the
insurer may avoid the contract.
No implied warranty of nationality
37There is no implied warranty as to the nationality
of a shipper that her nationality shall not be changed during the
Warranty of good safety
38. Where the subject-matter insured is warranted “well” or “in
good safety” on a particular day, it is sufficient if it be safe at
any time during that day.
Warranty of seaworthiness of ship
39.(1) In a voyage policy there is an implied warranty that at the
commencement of the voyage the ship shall be seaworthy for the
purpose of the particular adventure insured.
(2) Where the policy attaches while the ship is in port, there is
also an implied warranty that she shall, at the commencement of the
risk, be reasonably fit to encounter the ordinary perils of the
(3) Where the policy relates to a voyage which is performed in
different stages, during which the ship requires different kinds of
or further preparation or equipment, there is an implied warranty
that at the commencement of each stage the ship is seaworthy in
respect of such preparation or equipment for the , purposes of that
(4) A ship is deemed to be seaworthy when she is reasonably fit in
all respects to encounter the ordinary perils of the seas of the
adventure insured.
(5) In a time policy there is no implied warranty that the ship
shall be seaworthy at any stage of the adventure, but where, with
the private of the assured, the ship is sent to sea in an
unseaworthy state, the insurer is not liable for any loss
attributable to unseaworthiness.”
No implied warranty that goods are
policy on goods or other movables there is no implied warranty that
the goods or movables are seaworthy.
(2) In a voyage policy on goods or other movables there is an
implied warranty that at the commencement of the voyage the ship is
not only seaworthy as a ship, but also that she is reasonably fit
to carry the goods or other movables to the destination
contemplated by the policy.”
Warranty of legality
There is an implied warranty that the adventure insured is a lawful
one, and that, so far as the assured can control the matter, the
adventure shall be carried out in a lawful manner.
The Voyage
Implied condition as to commencement of
42.(1) Where the subject-matter is insured by a voyage policy ‘at
and from’ or ‘from’ a particular place, it is not necessary that
the ship should be at that place when the contract is concluded,
but there is an implied condition that the adventure shall be
commenced within a reasonable time, and that if the adventure be
not so commenced the insurer may avoid the contract.
(2) The implied condition any be negative by showing that the delay
was caused by circumstances known to the insurer before the
contract was concluded, or by showing that he waived the
condition.
Alteration of port of departure
43. Where the place of departure is specified by the policy, and
instead of sailing from that place sails from any other place, the
risk& does
not attach.
Sailing for different destination
44. Where the place destination is specified in the policy, and the
ship, instead of sailing for that destination, sails for any other
destination, the risk does not attach.
Change of voyage
45.(1) Where, after the commencement of the risk, the destination
of the ship is voluntarily changed from the destination
contemplated by the policy there is said to be a change of
(2) Unless the policy otherwise provides, where there is a change
of voyage, the insurer is discharged from liability as from the
time of change , that is to say, as from the time when the
determination to cha and it is immaterial that
the ship may not in fact have left the course of voyage
contemplated by the policy when the loss occurs.
46.(1) Where a ship, without lawful excuse, deviates from the
voyage contemplated by the policy, the insurer is discharged from
liability as from the time of deviation, and it is immaterial that
the ship may have regained her route before any loss
(2) There is a deviation from the voyage contemplated by the policy
Where the course of the voyage is specifically designated by the
policy, and that cou or&&
Where the course of the voyage is not specifically designated by
the policy, but the usual and customary course is departed
(3) The intention to d there must be a
deviation in fact to discharge the insurer from his liability under
the contract.
Several ports of discharge
47.-(1) Where several ports of discharge are specified by the
policy, the ship may proceed to all or any of them, but, in the
absence of any usage of sufficient cause to the contrary, she must
proceed to them, or such of them as she goes to , in the order
designated by the policy. If she does not there is a
deviation.
(2) Where the policy is to ‘ports of discharge,’ within a given
area, which are not named, the ship must, in the absence of any
usage or sufficient cause to the contrary, proceed to them, or such
of them as she goes to , in their geographical order. If she does
not there is a deviation.
Delay in voyage
48. In the case of a voyage policy, the adventure insured must be
prosecuted throughout its course with reasonable dispatch, and, if
without lawful excuse it is not so prosecuted, the insurer is
discharged from liability as from the time when the delay became
unreasonable.
Excuses for deviation or delay
49.(1) Deviation or delay in prosecuting the voyage contemplated by
the policy is excused-
(a) Where authorized by any specia
(b) Where caused by circumstances beyond the control of the master
(c) Where reasonably necessary in order to comply with an express
(d) Where reasonably necessary for the safety of the ship
subject- or
the purpose of saving human life, or aiding a ship in distress
where human l or
(f) Where reasonably necessary for the purpose of obtaining medical
or surgical aid for any pers or
(g) Where caused by the barratrous conduct of the master or crew,
if barratry be one of the perils insured against.
(2) When the cause excusing the deviation or delay ceases to
operate, the ship must resume her course, and prosecute her voyage,
with reasonable dispatch.”
Assignment of Policy
When and how policy is assignable
“50.(1) A marine policy is assignable unless it contains terms
expressly prohibiting assignment. It may be assigned either before
or after loss.
(2) Where a marine policy has been assigned so as to pass the
beneficial interest in such policy, the assignee of the policy is
entitled to sue the and the defendant is
entitled to make any defence arising out of the contract which he
would have been entitled to make if the action had been brought in
the name of the person by or on behalf of whom the policy was
(3) A marine policy may be assigned by endorsement thereon or in
other customary manner.
Assured who has no interest cannot
51. Where the assured has parted with or lost his interest in the
subject-matter insured, and has not, before or at the time of so
doing, expressly or impliedly agreed to assign the policy, any
subsequent assignment of the p
Provided that nothing in this section affects the assignment of a
policy after loss.
&The Premium
When premium payable
52Unless otherwise agreed, the duty of the assured
or his agent to pay the premium, and the duty of the insured to
issue the policy to the assured or his agent, are concurrent
conditions, and the insurer is not bound to issue the policy until
payment or tender of the premium.
Policy effected through broker
otherwise agreed, where a marine policy is effected on behalf of
the assured by a broker, the broker is directly responsible to the
insurer for the premium, and the insurer is directly responsible to
the assured for the amount which may be payable in respect of
losses, or in respect of returnable premium.
(2) Unless otherwise agreed, the broker has, as against the
assured, a lien upon the policy for the amount of the premium and
his charges in respect of
and, where he has
dealt with the person who employs him as a principal, he has also a
lien on the policy in respect of any balance on any insurance
account which may be due to him from such person, unless when the
debt was incurred he had reason to believe that such person was
only an agent.
Effect of receipt on policy
54Where a marine policy effected on behalf of the
assured by a broker acknowledges the receipt of the premium, such
acknowledgment is, in the absence of fraud, conclusive as between
the insurer and the assured, but not as between the insurer and
Abandonment
Included and excluded losses
55.(1) Included and excluded losses Subject to the provisions of
this Act, and unless the policy otherwise provides, the insurer is
liable for any loss proximately caused by a peril insured against,
but, subject as aforesaid, he is not liable for any loss which is
not proximately caused by a peril insured against.
(2) In particular-& -
(a) The insurer is not liable for any loss attributable to the
willful misconduct of the assured, but, unless the policy otherwise
provides, he is liable for any loss proximately caused by a peril
insured against, even though the loss would not have happened but
for the misconduct or negligence o
(b) Unless the policy otherwise provides , the insurer on ship or
goods is not liable for any loss proximately caused by delay,
although the delay be caused by a p
(c) Unless the policy otherwise provides, the insurer is not liable
for ordinary wear and tear, ordinary leakage and breakage, inherent
vice or nature of the subject-matter insured, or for any loss
proximately caused by rats or vermin, or for any injury to
machinery not proximately caused by maritime perils.
Partial and total loss
56.(1) a loss may be either total or partial. Any loss other than
total loss, as hereinafter defined, is a partial loss.
(2) A total loss may be either an actual total loss, or a
constructive total loss.
(3) Unless a different intention appears from the terms of the
policy, an insurance against total loss includes a constructive, as
well as an actual, total loss.
(4) Where the assured brings an action for a total loss and the
evidence proves only a partial loss, he may, unless the policy
otherwise provides, recover for a partial loss.
(5) Where goods reach their destination in specie, but by reason of
obliteration of marks, or otherwise, they are incapable of
identification, the loss, if any, is partial, and not
Actual total loss
57.(1) Where the subject-matter is destroyed, or so damaged as to
cease to be a thing of the kind insured, or where the assured is
irretrievably deprived thereof, there is an actual total
(2) In the case of an actual total loss no notice of abandonment
need be given.
Missing ship
ship concerned in the adventure is missing, and after the lapse of
a reasonable time no news of her has been received, an actual total
loss may be presumed.
Effect of transshipment, etc.
59 .Where, by a peril insured against, the voyage is interrupted at
an intermediate port or place, under such circumstances as, apart
from any special stipulation in the contract of affreightment, to
justify the master in landing and re-shipping the goods or other
movables, or in transshipping them, and sending them on to their
destination, the liability of the insurer&
notwithstanding the landing or transshipment.
Constructive total loss defined
60.(1)Subject to any express provision in the policy, there is a
constructive total loss where the subject-matter insured is
reasonably abandoned on account of its actual total loss appearing
to be unavoidable, or because it could not be preserved from actual
total loss without an expenditure which would exceed its value when
the expenditure had been incurred.
(2)In particular, there is a constructive total loss-&&
(i) Where the assured is deprived of the possession of his ship or
goods by a peril insured against, and (a) it is unlikely that he
can recover the ship or goods, as the case may be, or (b) the cost
of recovering the ship or goods, as the case may be, would exceed
(ii) In the case of damage to a ship, where she is so damaged by a
peril insured against, that the cost of repairing the damage would
exceed the value of the ship when repaired.
In estimating the cost of repairs, no deduction is to be made in
respect of general average contributions to those repairs payable
by other interests, but account is to be taken of the expense of
future salvage operations and of any future general average
contributions to which the ship would b
(iii) In the case of damage to goods, where the cost of repairing
the damage and forwarding the goods to their destination would
exceed their value on arrival.
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