1964 Ed.]
Marine Insurance.
[CAP. 329
13
(2) Where 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.
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.
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.
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.
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 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.
Express warranties.
6 Edw. 7 c. 41, s. 35.
Warranty of neutrality.
6 Edw. 7 c. 41, s. 36.
No implied warranty of nationality.
6 Edw. 7 c. 41, s. 37.
Warranty of good safety.
6 Edw. 7 c. 41, s. 38.
Warranty of seaworthiness of ship.
6 Edw. 7 c. 41, s. 39.
1964 Ed.]
Marine Insurance.
[CAP. 329
13
(2) Where 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.
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 incor- porated by reference into the policy.
(3) An express warranty does not exclude an implied war- ranty, 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 con- dition, 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.
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.
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 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 war- ranty that at the commencement of each stage the ship is sea- worthy in respect of such preparation or equipment for the purposes of that stage.
Express warranties.
6 Edw. 7 c. 41,
s. 35.
Warranty of neutrality.
6 Edw. 7 c. 41,
8. 36.
No implied warranty of nationality.
6 Edw. 7 c. 41, 3. 37.
Warranty of good safety.
6 Edw. 7 c. 41, s. 38.
Warranty of seaworthiness of ship.
6 Edw. 7 c. 41,
5. 39.
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