Maritime Perils - Law Dictionary Search Results
Home Dictionary Name: maritime perilsMaritime perils
Maritime perils, means the perils, consequent on, or incidental to, the navigation of the sea, that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves, captures, seizures, restraints and detainments of princes and peoples, jettisons, barratry and any other perils which are either of the like kind or may be designated by the policy. [Marine Insurance Act, 1963 (11 of 1963), s. 2(e)]...
Marine adventure
Marine adventure, includes any adventure where-(i) any insurable property is exposed to maritime perils; (ii) the earnings or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the security for any advances, loans, or disbursements is endangered by the exposure of insurable property to maritime perils; (iii) any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property by reason of maritime perils. [Marine Insurance Act, 1963 (11 of 1963), s. 2(d)]...
Gaming or gambling
Gaming or gambling, the playing any game of chance, as cards, dice, etc., for money, or money's worth.The still unrepealed 33 Hen. 8, c. 9, prohibits the keeping of any common house for dice, cards, or any unlawful games, under penalties of 40s. for every day of so keeping the house, and 6s. 8d. for every time of playing therein; and the (English) Gaming Act, 1738 (12 Geo. 2, c. 28) (applied by the Gaming Act, 1739 (13 Geo. 2, c. 19), to all games with dice, except backgammon, and by the (English) Gaming Act, 1744 (18 Geo. 2, c. 34), to 'roulet, otherwise roly-poly'), declares hazard and other games to be lotteries, so that the keepers of tables for them are liable to penalties under the (English) Lotteries Act, 1721 (8 Geo. 1, c. 2), the (English)Lotteries Act, 1710 (9 Anne, c. 6), and the Lotteries Act, 1698 (10 & 11 Wm. 3, c. 17); the system ofincorporation of previous statutes by referencebeing carried very far in gaming legislation.Gaming in Public-houses, etc.--Sect. 79 of the (E...
Insurable property
Insurable property, 'insurable property' means any ship, goods or other movables which are exposed to maritime perils. [Marine Insurance Act, 1963 (11 of 1963), s. 2(c)]...
Salvage
Salvage, allowance or compensation made by maritime law to those by whose exertions ships or goods have been saved from the dangers of the seas, fire, pirates, or enemies.This was allowed by the laws of Rhodes, Oleron, and Wisby, and is also allowed by all modern maritime states; the person who saves goods from loss or imminent peril has a lien upon them, and may retain them till payment of salvage. In this, however, the maritime law differs from the Common Law. No doctrine similar to 'salvage' applies to things lost upon land, nor to anything except ships or goods in peril at sea, Falcke v. Scottish Imperial Insurance Co., (1886) 34 Ch D 248, per Bowen, L.J.If the salvage be performed at sea, or on land (Judic. Act, 1925, s. 22), the Court of Admiralty has jurisdiction, and fixes the sum to be paid, adjusts the proportions, and takes care of the property pending the suit; or, if necessary, directs a sale and divides the proceeds between the salvors and the proprietors. In fixing the r...
will
will 1 : the desire, inclination, or choice of a person or group 2 : the faculty of wishing, choosing, desiring, or intending 3 : a legal declaration of a person's wishes regarding the disposal of his or her property after death ;esp : a formally executed written instrument by which a person makes disposition of his or her estate to take effect after death see also codicil, living will, testament antenuptial will : a will that was executed by a person prior to that person's marriage and is usually revocable by the court if no provision was made for the person's spouse unless an intention not to make such a provision is manifest conditional will : a will intended to take effect upon a certain contingency and usually construed as having absolute force when the language pertaining to the condition suggests a general purpose to make a will counter will : mutual will in this entry holographic will : a will written out in the hand of the testator and accepted as valid in many sta...
Constructive total loss
Constructive total loss, a term used in the law of marine insurance to denote a loss which entitles the assured to claim the whole amount of his insurance, on giving to the assurers notice of abandonment. Generally there is a constructive total loss when the subject-matter assured has not actually perished or lost its form or species, but has, by one of the perils insured against, been reduced to such a state or placed in such a position as to make its total destruction, though not inevitable, yet highly imminent, or its ultimate arrival under the terms of the policy, though not utterly hopeless, yet exceedingly doubtful. In such a case the assured, by giving notice within a reasonable time to the assurers of abandonment, i.e., the relinquishment of all his right to whatever may be saved, is entitled to recover against them as for a total loss.If notice is not given, the loss is treated as a partial loss unless the ship in fact has become a total loss or if there would be no possibilit...
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