The Gazette 1982

APRIL 1982

GAZETTE

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.

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.

G. J. MOLONEY

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