Report No. 21

Clause 46

General.-This deals with "change of voyage". (As to the classification of the various kinds of changes in voyages, see the notes to an earlier section).1

When excused.-It may be that in very exceptional circumstances, a change of voyage may be excused. For example, if a British ship is bound for a port which becomes during the voyage an enemy port, the continuance of the voyage would be illegal and a change of voyage is justified.2 In fact, any other course would be out of harmony with the warranty of legality,3 vide the word-"lawful manner" there.

Intention to change destination.-It would appear that a mere intention to abandon the original destination and substitute a new one would suffice to bring the section into operation. Thus, if while loading operations are going on it is decided to change the destination, the risk ceases to attach even though the loss occurs while the loading is not completed.4

"Lawful excuse".-The words "lawful excuse" occur in section 46 but not in this section.

"Change of voyage" and deviation.-The distinction between "change of voyage" under this section and "deviation" under section 46, is explained elsewhere.5

1. Notes under section 43 of the English Act-clause 44.

2. British and Foreign Marine Insurance Co. v. Sanday (Samuel) and Co., (1916) 1 AC 650.

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

4. Tasher v. Cunning Hame, (1819) 1 Bli HL 87, cited in Dover, p. 364, and Chalmers, p. 62.

5. See notes under section 46, English Act-clause 47.