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GAZETTE
APRIL 1982
BOOK REVIEW
ArnoulcTs Law of Marine Insurance and Average
by
Sir Michael J. Mustill and J.C.B. Gilman
16th Edition, 1981. Sweet & Maxwell. £95.00 (Sterling)
At first sight there will be many who think that the
subject matter is not of interest to Irish Solicitors but we
are a maritime nation and there cannot but be occasions
on which Lawyers and Insurance Companies will have
to deal with claims in this area not to mention on those
Commercial interests which have to arrange the In-
surance on ships and cargoes which give rise to such
claims.
This is the 16th edition of a book of which the first
edition appeared in 1848 and which, according to the
preface, is a treatise on the principles, to a great extent
unchanged since formulated in the 18th and 19th Cen-
turies, of Marine Insurance. The Authors describe the
original work as " a Masterpiece, in the forefront of the
great writings on Commercial Law in the English
language".
The Authors have retained the style, form and con-
tent of the original work so far as consistent with bring-
ing the work up to date - 31st of July, 1981. There are
1,359 numbered paragraphs in nearly as many pages, 60
pages of table of cases, a table of Statutes and a com-
prehensive subject index of 25 pages (referring to
paragraph numbers). The entire is divided into 4 parts
entitled: -
(i)
The nature, formation and subject matter of the
Contract of Marine Insurance;
(ii) Matters rendering the Contract of Insurance void
or unavailable;
(iii) Losses, and the relations of the assured and under-
writer thence arising; and
(iv) Procedure and evidence.
Appendices contain the Marine Insurance Act 1906;
Specimen Slip, Institute Clauses and Warranties; the
York-Antwerp Rules 1974 and the Rules of Practice of
the Association of Average Adjusters.
The book is divided into 2 Volumes of which Volume
1 contains Part I and Volume 2 contains Part II, III and
IV and the Appendices. Each Part contains the entire
subject index.
The presentation is good. Each Part is divided into
Chapters and each Chapter into numbered paragraphs
with headings in bold type. The main type is large and
clear and the language used equally clear. The text is
supported by copious notes also easily legible.
The subject matter is dealt with in a clear logical
manner which makes it easy to follow. It is not
unnecessarily incumbered by detail. For instance, in
dealing with implied warranties, Chapter 20, while mak-
ing a passing mention of nationality, documentation
and legality and where the law on these may be found,
confines itself nearly entirely to the warranty of seawor-
thiness but deals with this in considerable detail.
For any one who has to deal in any way with the draf-
ting, amending, or advising on the contents of a Policy
of Marine Insurance; or interpreting such a Policy; or
advising, negotiating or processing a claim under such a
Policy either in relation to ship or its cargo this book
may be regarded as a first class instrument, if not an in-
dispensable one, the use of which should make the
user's job so much easier and more efficient. Like any
other first class instrument however, or, for that matter,
like Insurance itself, the price of £95 sterling (which will
probably give rise to a price in Ireland of about £1301
may be considered expensive until it is called into use. I
should however be a must for legal Libraries and high
on the list of priorities for anyone dealing on any
regular basis with this aspect of Marine Law.
The Book is one of the British Shipping Laws Series
which itself has a very good reputation.
G. J. MOLONEY
Safeguard
Business
Systems
SAFEGUARD SYSTEMS IRELAND LTD
LUCAN, CO. DUBLIN.
Telephone 01-282904/S.
Full provision for V.A.T.
The Al ternat i ve to
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corporating our unique Cheque Application
will give you instant Book-keeping with full
arithmetic control. Please write or phone for
our free accounting manual and further infor-
mation without, of course, any obligation.
Complies fully with the Solicitors' Accounts
Regulations.
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