• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.26
• /
• pp.173-199
• /
• 2005

The MIA 1906, s.78(4) provides that it is the duty of the assured and his agents, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising a loss. In many cases the statutory duty will be unimportant, since rights, duties and liabilities declared by the Act or implied into marine insurance contracts by law may be modified by agreement, and many contracts contains a sue and labour clause which effectively reproduces and/or to modifies the statutory duty. The effect of such contractual provisions will, of course, be a matter of construction, though modern sue and labour clauses tend to reflect the principles contains in section 78. However, it must not be assumed that the terms of all contractual sue and labour clauses are, or will remain, identical, either with each other or with the statutory duty. The purpose of this study is to clarify the ambit of sue and labour.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.59
• /
• pp.113-135
• /
• 2013

Piracy has been an ongoing and serious problem in international shipping industry. Somalia is often in the news these days. Somalia has been in a state of unrest for more than two centuries. In recent times, the situation has remained unstable. The persistent unrest is the major driver behind the piracy epidemic in Somalia waters. By the MIA 1906, s.78(1), the expenses in order to be recoverable must have been "properly incurred". The underwriter is also liable in certain circumstances for expenses incurred by the assured in an attempt to avert or diminish loss covered by the policy, under provisions. This class of expenditure is commonly referred to as sue and labour expenses, or suing and labouring expenses; less commonly, as particular charges. The standard marine policy(the S.G.Form) contained what was invariably called the sue and labour clause, which has been replaced in the current Institute Clauses by the "Duty of Assured(Sue and Labour)" Clause in the Hull Clauses, and the "Duty of Assured" Clause, headed "Minimizing losses", in the Cargo Clauses. Sue and labour charges are not confined to expenditure on the part of the assured and his agents, but can include quantified loss consequent upon a sacrifice properly and reasonably made to avert or minimize an insured loss.

• Journal of the Korean Institute of Navigation
• /
• v.18 no.2
• /
• pp.129-149
• /
• 1994

Sea casualties may happen in ship, cargo and the others concerned with sea transportation. : the shipo-wer, marine insurer and salvage company have been endeavored to compensate salvage award with some rule and regulation such as Marine Insurance Act, York Antwerp Rules and Average adjustment rules. Once sea casualties happened, the salvage contract is established between the owners, marine insurance and salvage company, the contract are divided into so many kinds of them. In this paper, we have an analysis on the character of the salvage contract whether the characteristic contents of them are in benefit to any party or not. In this connection with these positive or negative character of the contract, it is worthwhile to compare the actual salvage expenses contract with no cure no pay contract. LOF 1990 has been revised recently, which is based on no cure no pay, expecially, the special compensation, safety net clause of LOF 1990 could be understood in the view of the prevention of sea pollution and the preservation of sea circumstances in the world. Salvage has the complicated and quality, because the adjustment of almost salvage charges have been treated through the other sea casualties which is accompanied by and mixed with. Besides of the importance of salvage contracts, we are in need to understand that what the diversified character of salvage charges are. Furthermore the owners should carefully select the insured conditions on Hull Insurance according to the type of his company, operating ocean route, loading cargo and etc. In this paper, we would try to analyze the character of the salvage award such as General Average, Sue and Labour Charges and Particular charges. We would like to propose that the uniformed system of the salvage award. Compensation should be built up for the effective and efficient salvage operation and for reducing the claims and conflicts from the concerned parties. To this end, we could expect that the uniformed system for salvage award compensation will come to be the benefit of all owners, insurers, salvage company.