Responsibility of Shipowners Act 1733
Encyclopedia
The Responsibility of Shipowners Act 1733 (7 Geo. II, c.15) 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. It imposed a limit on the liability
of shipowners in regards 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 Act was held to apply in the case of Sutton v. Mitchell, (1785) 1 T.R. 18, where goods were stolen from a ship moored in the Thames by robbers colluding with a member of the crew. However, this emphasised the liability shipowners were still exposed to in cases where the goods were stolen without the involvement of the crew; as a result, a second petition was brought to the House, leading to the passage of the Merchant Shipping Act 1786
.
This Act was repealed by section 4 of the Merchant Shipping Repeal Act 1854 (c.120).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 1734. The Act was introduced for the protection of shipowners, following a petition presented to the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, and passed without a division in either House. It 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 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 Act was held to apply in the case of Sutton v. Mitchell, (1785) 1 T.R. 18, where goods were stolen from a ship moored in the Thames by robbers colluding with a member of the crew. However, this emphasised the liability shipowners were still exposed to in cases where the goods were stolen without the involvement of the crew; as a result, a second petition was brought to the House, leading to the passage of the Merchant Shipping Act 1786
Merchant Shipping Act 1786
The Merchant Shipping Act 1786 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...
.
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, pp. 175-176. Stevens & Sons, 1932.
- Flarf Narf