The question (15 marks)
'A warranty in marine insurance must be exactly complied with, whether it be material to the risk or not.' Explain this rule, the implied warranties of seaworthiness and legality, and the circumstances in which breach is excused. (15 marks)
Syllabus heads 3.1 and 3.2; built from the Module 3 chapter on marine warranties.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Non-Life and General Insurance — Marine, Fire and Property of Law of Insurance.
Authorities you will need
- Marine Insurance Act 1963, ss. 35, 36, 41, 42, 43
- Quebec Marine Co. v. Bank of Canada
- Thomas v. Tyne
- Simmonds v. Cockell (1920) All ER Rep. 162
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.