Insurance Law Implications of Delay in Maritime Transport

Více o knize

(C) Excuses other than the ones enumerated in s 49 -- (I) Delay occurring in usage -- Ordinary course of transit and interruption of the voyage -- Delay which is not in the 'ordinary course of transit' discharges the insurers -- (a) Interruption of transit brought about by the requirements of transport -- (I) The moment cover ceases -- (b) Storing pending payment for goods: whether storage in the ordinary course of transit -- (c) Commercial convenience of the assured versus requirements of transport -- 'Delay beyond the control of the assured' and the transit clause -- 'Delay beyond the control of the assured' and justification for delay -- Duty of the assured to act with reasonable despatch (avoidance of delay clause) -- Scope of the clause -- (a) The transit clause and the avoidance of delay clause -- (I) 'delay beyond the control of the assured' and avoidance of delay -- (II) 'ordinary course of transit' and avoidance of delay -- (b) Post-casualty situations and the avoidance of delay clause -- Operation of the clause -- (a) s 48 and the avoidance of delay clause -- (b) Whether the clause operates as a warranty and burden of proof -- (a) s 49 excuses and the avoidance of delay clause -- Index