warranty资料中英文

All You Ever Wanted to Know About

Warranties

Besides disclosure, the closely-related hot topic is

warranties

, and here we have from Dr

.

Baric Soyer the second edition of his

Warranties

in

Marine Insurance

, bringing it up to date

with

much

thoughtful

analysis

of

how

things

stand

and

what

might

be

done

with

them.

Starting

with

the

distinction

of

insurance

warranties

from

others,

it

canvases

the

English

jurisprudence

through

the

whole

field,

not

excepting

the

interpretation

of

clauses

as

warranties

when the word is not used, and not when it is. Whether or not one agrees, it is

refreshing to see the author occasionally discuss a judge's

critically,

and

quite

properly

so,

instances

where

a

warranty

,

with

its

drastic

remedy

of

voidness ought to have been a simple exclusion of cover

, or

terms

it.

His

important

chapter

,

Implied

Warranty

of

Seaworthiness,

contains

useful

discussion of the varieties of its breach and also of the recent ISM Code and ISPS Code in

relation to the

warranty

.

One of the author's announced aims is to promote

followed by one comparing German and Norwegian rules, both springing from industry codes

and employing the concept of alteration of risk rather than

warranty

. Although he makes

scattered references to American reports, he does not discuss American law because, he

explains,

the

Wilburn

Boat

case

makes

it

unpredictable.

His

last

chapter

is

case

for

Reform?

reducing the proposals to three choices: (1) scrapping the

warranty

regime from the MIA

1906 and permitting the parties to agree that the insurer not be liable for a loss caused by

breach of an express term; (2) amending the MIA to turn all

warranties

into suspensory terms;

and (3) requiring proof of a causal link between breach and loss. This last is the one he

embraces. Unfortunately, the relationship of

warranty

to non-disclosure does not get much

attention. He observes (without citation) that

regulatory function to

marine insurance

law is inconsistent with its private law character

,

he is evidently not fully persuaded, as he goes on to discuss the desirability of restricting

freedom of contract with considerations of public policy.

Unfortunately, the book suffers a little in numbers and letters from lack of a good copy editor

.

Although there is no treatment of American law, as such, most of the English material is good

in America also.

Warranties

It is notorious that the word

warranty

just

restrictions

of

coverage,

e.g.,

Capture

and

Seizure,

or

by

indiscriminate

use

in

what

should reasonably be exclusions. The word itself has been eliminated from American Institute

Hull

Clauses

and

almost

from

the

International

Hull

Clauses

2003,

in

which

a

number

of

former

warranties

have been converted to exclusions. These are the sorts of changes that

point

all

warranties

be

turned

into

exclusions,

but

this

does

not

recognize

that

a

prudent

underwriter may well object to resuming cover after the breach, as for instance when a vessel