Jackson v Union Marine Insurance
Encyclopedia
Jackson v Union Marine Insurance (1874) 10 Common Pleas 125 is an early English contract law
case concerning the right to terminate an agreement.
named the Spirit of the Dawn. In November 1871 he entered a charterparty for the ship to go from Liverpool
to Newport
, and load iron rails, which were going to be used for a new line in San Francisco. Mr Jackson also had an insurance policy with Union Marine Insurance, which covered losses for "perils of the sea". The ship left on 2 January 1872 but ran aground in Carnarvon Bay the next day. She needed repairs until August. The charterers on 15 February secured another ship to carry the rails. Jackson brought an action on the insurance policy on the chartered freight.
The jury held that the delay for repairs was so long that it brought the contract in a commercial sense to an end.
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
case concerning the right to terminate an agreement.
Facts
Mr. Jackson owned a shipShip
Since the end of the age of sail a ship has been any large buoyant marine vessel. Ships are generally distinguished from boats based on size and cargo or passenger capacity. Ships are used on lakes, seas, and rivers for a variety of activities, such as the transport of people or goods, fishing,...
named the Spirit of the Dawn. In November 1871 he entered a charterparty for the ship to go from Liverpool
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
to Newport
Newport
Newport is a city and unitary authority area in Wales. Standing on the banks of the River Usk, it is located about east of Cardiff and is the largest urban area within the historic county boundaries of Monmouthshire and the preserved county of Gwent...
, and load iron rails, which were going to be used for a new line in San Francisco. Mr Jackson also had an insurance policy with Union Marine Insurance, which covered losses for "perils of the sea". The ship left on 2 January 1872 but ran aground in Carnarvon Bay the next day. She needed repairs until August. The charterers on 15 February secured another ship to carry the rails. Jackson brought an action on the insurance policy on the chartered freight.
The jury held that the delay for repairs was so long that it brought the contract in a commercial sense to an end.