Roux v Salvador: 15 Nov 1836

The court set down the prudent uninsured owner test for determining whether the subject-matter insured is a constructive total loss in circumstances where the relevant facts are hypothetical or cannot be known. As applied to a damaged ship, the test is whether the prudent uninsured owner would have repaired her and if so how.


Lord Abinger Cb


[1836] EngR 1052, (1836) 3 Bing NC 267, (1836) 132 ER 413




England and Wales

Cited by:

CitedSveriges 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.


Updated: 26 April 2022; Ref: scu.315384