Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MARINE INSURANCE ACT 1909 - SECT 55

Excuses for deviation or delay

             (1)  Deviation or delay in prosecuting the voyage contemplated by the policy is excused:

                     (a)  where authorized by any special term in the policy; or

                     (b)  where caused by circumstances beyond the control of the master and his or her employer; or

                     (c)  where reasonably necessary in order to comply with an express or implied warranty; or

                     (d)  where reasonably necessary for the safety of the ship or subject-matter insured; or

                     (e)  for the purpose of saving human life, or aiding a ship in distress where human life may be in danger; or

                      (f)  where reasonably necessary for the purpose of obtaining medical or surgical aid for any person on board the ship; 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 despatch.


 

   



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback