ABSTRACT

This chapter examines delay as a risk and within the context of naturally occurring losses. Particular focus shall also be placed on types of delays with the view of assessing them in the context of the generic delay exclusion and in light of the doctrine of fortuity. The occurrence of delay or some loss of time is frequent in maritime transport. This emanates firstly from the fact that many incidents may result in delay, such as including but not limited to perils of the seas, strikes, collisions, detentions, port congestions or health condition of crew members. Marine peril is defined as the perils consequent on, or incidental to, the navigation of the sea. The marine insurance law (MIA) also provides examples of marine perils such as perils of the seas, fire, war perils, pirates, rovers, thieves, captures, and seizures.