Define the term 'Constructive Total Loss' for the purposes of the Essay

Define the term 'Constructive Total Loss' for the purposes of the Marine Insurance Act 1906. What are the difficulties with this definition Use case law examples to support your arguments - Essay Example The first was in the United Kingdom Court of Appeal in two thousand and eleven namely; EWCA Civ 24 and the second was the judgment in the case of Masefield v. Amlin delivered by Lord Steel in two thousand and ten namely; Lloyd’s Rep. IR 345. The definition of Constructive Total Loss provided by the Marine Insurance of 1906 leaves gaps and raises many questions when applied in modern cases that did not exist during enactment of the law more than one hundred years ago. Complexity arises when the complainant argues that ignoring a ransom payment amounts to asserting that a total loss claim is genuine and legal. This explanation means that it is not possible to retrieve deprivation according to the Marine Insurance Act of 1906 section fifty-seven subsection one. In this case, it is against public policy to claim a ransom. It is at this point that the definition provided by the 1906 Act creates difficulties regarding finding a solution to such situations. The definition generates crucial questions covering both legal aspects and public policy formulation processes. This discourse examines the difficulties raised by defining a total loss on the background of English definition given in the marine Insurance Policy of 1906. Highlighted examples include the new wave of crimes such as piracy The introduction of the constructive total loss aimed at codifying regulations touching on marine insurance. This formed the basis of introducing section sixty of in Marine Insurance Act of 19061. A constructive total loss during reasonable abandonment of the insured property regarding the unavoidability of occurrence of a total loss depending on any direct offering in the public policy. Alternatively it occurs if it was difficult to prevent the occurrence of a total loss. The legislative Act of 19062 covering marine policy further specifies that it is not possible for the owner of the property to recover viewing the position of the case and that

Maritime law Coursework Example | Topics and Well Written Essays - 1000 words

Maritime law - Coursework Example This is the absolute duty that the ship or the vessel owner owes to the seamen who are involved in the voyage, for the protection of any risk that might face their lives emanating from the unworthiness or lack proper maintenance of the ship. Thus, if any event of collision or accident occurs in the sea, due to the un-seaworthiness of the ship or the vessel, then the owner of the ship or the vessel is liable for the damage, and the appropriate liabilities shall befall the owner3. This includes the liabilities of all the damages incurred on the cargo, the seamen or the other ships or vessels that could have collided with the unseaworthy ship or the vessel, during the course of their voyage. Among the cardinal duty of the ship or vessel owner is to provide a seaworthy ship or vessel. The doctrine of seaworthiness is the cardinal principle of the Maritime law, considering that the issue of seaworthiness of a ship or a vessel directly affects the liabilities of various stakeholders in the Maritime Law, who may include the liability of the carrier, the marine insurance and the environment4. The concept of seaworthiness of a ship or a vessel is provided under the law, as the presence of all pipes, pumps, heater coils and all the other components of the ship or the vessel, which are in good working order. Thus, the law is further interpreted to mean that the fundamental responsibility of the ship or the vessel owner, which he owes to the seamen; both operating the ship he owns or the seamen operating other ships or vessels on the water body, is to ensure that the ship or the vessels are fit to undergo the hazards of the sea, or any other incidental risk that may occur along the voyage, which the ship or the vessel might be exposed in the course of the voyage, without necessarily having such risks being contributed in any way, by the un-seaworthiness of the ship or the vessel6. This being the case, the owner of the ship bears all the liability in case of an accident, co llision, damage or injury occurring to the vessels, the ship or the seamen, which emanates from any aspect of the ship being unworthy for the sea voyage. However, as s reprieve to the owner of the ship or the vessel to be involved in a voyage, the concept of seaworthiness of the ship or the vessel was lessened only to include the worthiness of that ship or vessel, at the start of the voyage2. Therefore, while there are many instances that may arise where a vessel could be identified as being unseaworthy, the only liability that the owner of the ship or the vessel can bear, is that of the ship or the vessel being unseaworthy at the start of the voyage, while the other aspects of un-seaworthiness, which might occur in the course of the voyage, are deemed incidental and thus the liability is assessed differently3. According to the provisions of the Maritime law, there are several conditions that may constitute the un-seaworthiness of the ship or the vessel in voyage. First, a stowage w hich may affect in any way the safety of the ship or the vessel is considered unseaworthy, and thus constitutes the un-seaworthiness condition of the ship or the vesse7. Secondly, any deficient systems ashore or on board the ship or