Merchant Shipping Act 1786
Encyclopedia
The Merchant Shipping Act 1786 (26 Geo. III, 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.
This Act was repealed by section 4 of the Merchant Shipping Repeal Act 1854 (c.120).
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
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
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
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
Responsibility of Shipowners Act 1733
The Responsibility of Shipowners Act 1733 was an Act of Parliament of the Parliament of Great Britain passed in 1734. The Act was introduced for the protection of shipowners, following a petition presented to the House of Commons, and passed without a division in either House...
, 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
Bill of lading
A bill of lading is a document issued by a carrier to a shipper, acknowledging that specified goods have been received on board as cargo for conveyance to a named place for delivery to the consignee who is usually identified...
clearly stated their nature, quality and value.
This Act was repealed by section 4 of the Merchant Shipping Repeal Act 1854 (c.120).
Sources
- Fletcher, Eric G. M. The Carrier's Liability. Stevens & Sons, 1932.