derivation and meaning of the word discussed, 151, note subdivision into general and particular, 153-155 distinction between these two kinds of, 155 general (see GENERAL AVERAGE) particular (see PARTICULAR AVERAGE) AVERAGE ADJUSTERS, functions of, 173, 189 practice of, 55 AVERAGE AGREEMENT, general tenor of, 172, 173 Lloyd's form of, 326 Liverpool form of, 327 AVERAGE CLAUSES, on steamers and iron sailing ships, 276, 315 AVERAGE WARRANTIES, the memorandum, 232 on ship, 272, 315 on goods, 265, 314 absolute warranty, 268 BARRATRY, definition of the term, 128 distinguished from negligence, 129 of the mariners, 131 loss consequent upon, 131, 132 BLOCKADE, loss directly occasioned by, is recoverable, 126 loss indirectly occasioned by, is not recoverable, 127 BOILER, bursting of, is a peril insured against, 133, 192 BOTTOMRY AND RESPONDENTIA, LOANS ON, must be insured specifically, 97 do not contribute in general average, 173 BOTTOMRY PREMIUMS, follow the expenditure for which incurred, 264 CAUSE, a proximate cause distinguished from a remote, 107 a proximate cause defined and exemplified, 107 a remote cause defined and exemplified, 107 the rule causa proxima non remota spectatur explained, 107, note indirect results excluded by that rule, 127, 135 in what sense the rule applies to the consequences of an act, 131, 157 CHARGES, EXTRA. (See PARTICULAR CHARGES.) under the suing and labouring clause, 223 when claimable under a policy free from particular average, 227–229 of forwarding cargo, how treated, 200, 227-229 of proving a claim, not particular average, 226, 235 of reconditioning cargo, how treated, 229, 235 how treated, in case of under-insurance, 231 CLAUSES, SPECIAL, average clauses on goods, 269 average clauses for steamers and iron sailing ships, 276, 315 average warranty on ship-the "metalling" clause, 272 average, Warranty to be free from all, 268 total loss clause, 275 non-cumulative clause, 259 calling liberties, 88, 90 capture, &c., Warranty to be free from, 119 commencement of the risk clause, 63 continuation clauses, 314, 315 craft and lighterage clauses, 75, 265 deviation clauses, 90, 314 foreign general average clause, 178 "in and over" clause, 125 Lloyd's clauses, 314 Lloyd's warranties, 49 re-insurance clause, 278 running down clauses, 292, 307 thirty days' clause, 81 waiver clause, 284 clauses relative to, dispensing with proof of interest, 13 fresh meat, insurance of, 135 "no thirds" clause, 276, 315 no deductions for specified periods, 188 outward cargo to be deemed homeward interest, 77 "running landing numbers," 270, 271 seaworthiness on time policy, 25 Suez Canal, grounding in, 265, 314 wharves, warehouses, and inland conveyance, 68 COLLISION, a peril of the sea, 113 partial loss caused by, allowed by Lloyd's Average Warranty, 265, 267 COLLISION CLAUSE. (See RUNNING DOWN CLAUSE.) COLLISION LIABILITIES, of the shipowner, at common law, 285 limited by statute, 285 how computed, in case of sole fault, 287 how computed, in case of mutual fault, 288 principle of a single liability governs all such cases, 289, 302 result of that rule, in case of limitation of liability, 291, 302 COLLISION LIABILITIES-continued. of the underwriter, (See RUNNING DOWN CLAUSE.) discussed and exemplified, 304-306 COMMENCEMENT OF THE RISK. (See RISK.) COMMISSION, on disbursements, when chargeable to underwriters, 264, 265 CONCEALMENT, what it is, 19 of a material fact, avoids the policy, 19 by principal or agent, 20 what facts are material, 20 what need not be disclosed, 21 obligation to communicate rests equally upon assured and underwriters, 21 CONSTRUCTION OF THE POLICY, CONSTRUCTIVE TOTAL LOSS. (See ABANDONMENT.) definition of, 138 distinguished from actual total loss, 139 on ship, 139 how computed, 140 when owing to sea damage and ordinary deterioration combined, 194 on goods, 142 how computed, 143 on freight, 144 how computed, 144 CREW, WAGES AND MAINTENANCE OF, during detention, not chargeable to underwriters, 135 nor allowable in general average, 167 unless by foreign law, or York-Antwerp Rules, 135, 178, 324 |