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Report No. 21

Clauses 41 to 43

No detailed comments are needed.1

1. For a discussion of the various kinds of alterations in a voyage, see notes under section 43, English Act-clause 42.

Clause 44

General.-This deals with the subject of alteration of the port of departure;

Various kinds of alterations in the voyage.-It would be convenient here to classify the various alterations in the voyage, dealt with in the Act. An alteration in the voyage may occur by -

Different voyage

(i) change of the starting point-(section 43); or

(ii) change of the destination before commencement of the risk-(section 44); or

Change of voyage

(iii) "change of voyage", i.e., change of the destination after commencement of the risk-(section 45);

Deviation

(iv) deviation from the voyage-(section 46)-that is to say, departure from the contemplated course of the voyage;

Delay

(v) delay in the voyage-(section 48).

In (i) and (ii) above, the policy never attaches. In (iii) above, the policy attaches but the insurer is discharged when a breach occurs. In (iv) above, the insurer is discharged from the time of deviation, unless the deviation is excused under section 49. In (v) above, the insurer is discharged from the time when the delay becomes unreasonable, unless the delay is excused under section 49.

As to delay in the commencement of the voyage, see an earlier section.1

A clause in a policy covering a change of voyage cannot operate to protect a different voyage. Sections 43 and 44 of the English Act deal with "different voyage". The substitution of a new voyage prevents the risk from attaching and "held covered" clause would be of no use.

1. Section 42 of the English Act-clause 41.



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