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What is barratry?

MCA Oral Exam Questions
Typography

The Marine Insurance Act 1906 defines it as "every wrongful act wilfully committed by the master or crew to the prejudice of the owner, or, as the case may be, the charterer".

 It includes every kind of fraud and wrong deliberately committed by the master or crew with the intention of benefiting themselves at the expense of the shipowners, and any wilful act of the master or crew of illegality, corruption or criminal negligence, to the prejudice of the owners or charterers. Examples include: bringing articles on board that subject the ship to seizure or detention by customs or other authorities; delaying the progress of the voyage; deviating from the proper course of the voyage for private reasons. The Perils Clause in the Institute Time Clauses - Hulls (1/10/83) covers an assured for the barratry of his masters and crew.

 

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