ABSTRACT
Some warranties concern the assured’s future conduct and require him to do or not to do a particular thing, or fulfil some condition at one period after the attachment of the risk.49 The warranty of seaworthiness which is implied in respect of voyage policies by the MIA 190650 and most express warranties, such as locality warranties, institute warranty (as to towage and salvage services) and laid up and out of commission warranties,51 are examples of warranties of this type. Since the warranted event or condition relates, in time, to a period after the attachment of the risk, breach of a warranty of this type does not have any effect on the existence of the contract, unlike breach of warranties discussed earlier in previous part. The legal effect of breach for these kinds of warranties is spelt out in s 33(3) in the following way: ‘... the insurer is discharged from liability as from the date of the breach of warranty, but without prejudice to any liability incurred by him before that date.’
