This article relies largely or entirely on a single source .(November 2008) |
Act of Parliament | |
Long title | An Act to explain and amend an Act made in the Seventh Year of His late Majesty's Reign, intituled, "An Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners, and for giving a further Relief to the Owners of Ships. |
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Citation | 26 Geo. 3. c. 86 |
Dates | |
Royal assent | 11 July 1786 |
Repealed | 1 May 1855 |
Other legislation | |
Repealed by | Merchant Shipping Repeal Act 1854 |
Status: Repealed | |
Text of statute as originally enacted |
The Merchant Shipping Act 1786 (26 Geo. 3. c. 86) was an Act of Parliament of the Parliament of Great Britain passed in 1786.
The Act stemmed from a petition made to Parliament by a delegation of shipowners in 1786, concerned that recent court cases had put them at risk of significantly greater liabilities in case of loss or damage to cargo. It was passed by Parliament without a division in either House. Section I of the Act imposed a limit on the liability of shipowners in regards to goods lost or damaged in a robbery, regardless of whether the robbers were part of the crew of the ship or not. The liability for any loss or damage of goods was limited to the value of the vessel, her equipment, and any freight due for the voyage. This was an extension to the provisions of the Responsibility of Shipowners Act 1733, as the case of Sutton v. Mitchell, (1785) 1 T.R. 18, had highlighted that the 1733 Act would give no protection to shipowners where a ship was robbed without the collusion of the crew. Section II provided that the liability of the owner in case of fire was entirely removed, a reaction to Forward v. Pittard, (1785) I T.R. 27, where a shipowner had been held liable for loss from an accidental fire. Section III provided that the shipowner was under no liability at all in the case of stolen valuables (gold, silver, jewels, watches, etc.) unless the bill of lading clearly stated their nature, quality and value. [1]
This Act was repealed by section 4 of the Merchant Shipping Repeal Act 1854 (17 & 18 Vict. c.120) when Parliament passed the Merchant Shipping Act 1854.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.
The Navigation Acts, or more broadly the Acts of Trade and Navigation, were a long series of English laws that developed, promoted, and regulated English ships, shipping, trade, and commerce with other countries and with its own colonies. The laws also regulated England's fisheries and restricted foreign—including Scottish and Irish—participation in its colonial trade. While based on earlier precedents, they were first enacted in 1651 under the Commonwealth.
Protection and indemnity insurance, more commonly known as P&I insurance, is a form of mutual maritime insurance provided by a P&I club. Whereas a marine insurance company provides "hull and machinery" cover for shipowners, and cargo cover for cargo owners, a P&I club provides cover for open-ended risks that traditional insurers are reluctant to insure. Typical P&I cover includes: a carrier's third-party risks for damage caused to cargo during carriage; war risks; and risks of environmental damage such as oil spills and pollution. In the UK, both traditional underwriters and P&I clubs are subject to the Marine Insurance Act 1906.
Chartering is an activity within the shipping industry whereby a shipowner hires out the use of their vessel to a charterer. The contract between the parties is called a charterparty. The three main types of charter are: demise charter, voyage charter, and time charter.
Marine insurance covers the physical loss or damage of ships, cargo, terminals, and any transport by which the property is transferred, acquired, or held between the points of origin and the final destination. Cargo insurance is the sub-branch of marine insurance, though marine insurance also includes onshore and offshore exposed property,, hull, marine casualty, and marine losses. When goods are transported by mail or courier or related post, shipping insurance is used instead.
A charterparty is a maritime contract between a shipowner and a "charterer" for the hire of either a ship for the carriage of passengers or cargo, or a yacht for leisure.
The Carriage of Goods by Sea Act (COGSA) is a United States statute governing the rights and responsibilities between shippers of cargo and ship-owners regarding ocean shipments to and from the United States. It is the U.S. enactment of the International Convention Regarding Bills of Lading, commonly known as the "Hague Rules". It was found in Title 46 Appendix of the United States Code, starting at Section 1301, but has been moved to a note in 46 United States Code 30701.
The Responsibility of Shipowners Act 1733 was an Act of the Parliament of Great Britain passed in 1734. It was introduced for the protection of shipowners, following a petition presented to the House of Commons, and passed without a division in either House. It imposed a limit on the liability of shipowners in regard to goods embezzled by the master or crew of the ship carrying them. The liability for any loss or damage of goods was limited to the value of the vessel, her equipment, and any freight due for the voyage.
The Merchant Shipping Act 1854, also known as the Imperial Shipping Act 1854, is an act of the Parliament of the United Kingdom. It was passed on 10 August 1854, together with the Merchant Shipping Repeal Act 1854, which together repealed several centuries of preceding maritime legislation.
The Merchant Shipping Act 1995 is an act of Parliament passed in the United Kingdom in 1995. It consolidated much of the UK's maritime legislation, repealing several Acts in their entirety and provisions in many more, some dating back to the mid-nineteenth century. It appoints several officers of Admiralty Jurisdiction such as the Receiver of Wreck. The act of 1995 updates the prior Merchant Shipping Act 1894. The lead part on British ships was impacted by the outcome of the Factortame case, as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy.
The Railway and Canal Traffic Act 1854, also known as Cardwell's Act, was an act of the United Kingdom Parliament regulating the operation of railways. The railways were already considered to be common carriers and thus subject to the Carriers Act 1830, but the 1854 act placed additional obligations on the railways due to their monopoly status. Each railway company was now required to take all trade offered and to set and publish the same levels of fares to all in respect of any particular service.
The history of insurance traces the development of the modern business of insurance against risks, especially regarding cargo, property, death, automobile accidents, and medical treatment.
Affreightment is a legal term relating to shipping.
Admiralty law in the United States is a matter of federal law.
In United States maritime law, the Limitation of Liability Act of 1851, codified as 46 U.S.C. § 30523 since December 2022, states that the owner of a vessel may limit damage claims to the value of the vessel at the end of the voyage plus "pending freight", as long as the owner can prove it lacked knowledge of the problem beforehand. This Act was the subject of a 2001 United States Supreme Court case in Lewis v. Lewis & Clark Marine, Inc.
Merchant Shipping Act is a stock short title used in Malaysia and the United Kingdom for legislation relating to merchant shipping.
Seaworthiness is a concept that runs through maritime law in at least four contractual relationships. In a marine insurance voyage policy, the assured warrants that the vessel is seaworthy. A carrier of goods by sea owes a duty to a shipper of cargo that the vessel is seaworthy at the start of the voyage. A shipowner warrants to a charterer that the vessel under charter is seaworthy; and similarly, a shipbuilder warrants that the vessel under construction will be seaworthy.
The law of carriage of goods by sea is a body of law that governs the rights and duties of shippers, carriers and consignees of marine cargo.
The Merchant Shipping Act 2017 is an act of the Parliament of the United Kingdom. The act repealed parts of the Criminal Justice and Public Order Act 1994 that allowed homosexual acts to be grounds for dismissal from the crew of merchant ships. It was introduced to Parliament as a private members bill by John Glen and Baroness Scott of Bybook.
The Merchant Shipping Repeal Act 1854 was an act of the Parliament of the United Kingdom that repealed various statutes relating to merchant shipping in the United Kingdom.