during the Napoleonic wars, a ship was taken and then retaken. News of the recapture arrived between the tender of notice of abandonment and the commencement of the action.
Held: Lord Ellenborough said: ‘The effect of an offer to abandon is truly this, that if the offer appear to have been properly made upon certain supposed facts, which turn out to be true, the assured has put himself in a condition to insist upon his abandonment: but it is not enough that it was properly made, upon facts which were supposed to exist at the time, if it turn out that no such facts existed, or that other circumstances had occurred which did not justify such abandonment.’
Citations:
[1808] EngR 99, (1808) 1 Camp 237, (1808) 170 ER 942
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Sveriges Angfartygs Assurans Forening (The Swedish Club) and Others v Connect Shipping Inc and Another SC 12-Jun-2019
The Court was asked as to the construction of the phrase ‘constructive total loss’, and in particular the calculation the expenditure to be taken into account in computing the cost of recovery and or repair, where notice of loss had been served . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 20 April 2022; Ref: scu.339829