Warranties & Conditions
by Andrea
A peculiarity of marine insurance, and insurance law in general, is the use of the provisions and requirements as well as the warranties. In English law, a condition customarily explains a part of the contract that is essential to the accomplishment. If it commits a breach, the contract as a whole is not valid. On the contrary, a service contract is not necessary to the performance of the contract and violation of a warranty will not direct to a breach of the contract. The connotation of these terms is upturned in insurance law. As a consequence, the Marine Insurance Act 1906 refers to indirect warranties, one of the most significant of which the craft is seaworthy.