1961-HKRS28-8-28_Part01 — Page 41

Warranty of neutrality.

No implied warranty of nationality.

Warranty of good safety.

Warranty of

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(3) An express warranty does not exclude an implied warranty, unless it be inconsistent therewith.

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.

37. There is no implied warranty as to the nationality of a ship. or that her nationality shall not be changed during the risk.

36. 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.

39. (1) In a voyage policy there is an implied warranty that at seaworthiness the commencement of the voyage the ship shall be seaworthy for the

purpose of the particular adventure insured,

of ship.

(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 it to encounter the ordinary perils of the port.

(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 stage.

(4) A ship is deemed to be seaworthy when she is reasonably fil 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 privity 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 40. (1) In a policy on goods or other moveables there is no warranty that implied warranty that the goods or moveables are seaworthy.

goods are seaworthy.

(2) In a voyage policy on goods or other moveables there is an implied warranty that at the commencement of the voyage the ship is

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not only seaworthy as a ship, but also that she is reasonably fit to carry the goods or other moveables to the destination contemplated by the policy.

41. There is an implied warranty that the adventure insured is a Warranty of lawful one, and that, so far as the assured can control the matter, the legality. adventure shall be carried out in a lawful manner.

The voyage,

commence-

42. (1) Where the subject matter is insured by a voyage policy implied con- "at and from" or "from" a particular place, it is not necessary that dition as to the ship should be at that place when the contract is concluded, but ment of risk. there is an implied condition that the adventure shall be commenced within a reasonable time, and that if the adventure be not so com- menced the insurer may avoid the contract.

(2) The implied condition may be negatived 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.

43. Where the place of departure is specified by the policy, and Alteration of the ship instead of sailing from that place sails from any other place, part of the risk does not attach.

departure.

44. Where the destination is specified in the policy, and the ship, Sailing for instead of sailing for that destination. sails for any other destination, different the risk does not attach.

destination.

48. (1) Where, after the commencement of the risk, the destiua- Change of tion of the ship is voluntarily changed from the destination contem- vorage. plated by the policy, there is said to be a change of voyage,

(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 change it is manifested; and it is immaterial that the ship may not in faci bave left the course of voyage contemplated by the policy when the loss occurs.

46. (1) Where a ship, without lawful excuse, deviates from the Deviation, 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 occurs.

(2) There is a deviation from the voyage contemplated by the policy--

(a) where the course of the voyage is specifically designated by

the policy, and that course is departed from; or