ABSTRACT

The exclusion of delay losses in s 55(2)(b) applies to policies on ships and goods leaving out policies on freight. The law on delay in relation to freight insurance, both in the sense of freight stricto sensu and freight in the sense of charter hire has been developed in light of common law authorities. This chapter scrutinises the common law background of the law on delay in regards to freight policies and shed light upon the scope of application of the Loss of Time Clause. The earning of freight had been rendered impossible due to a fire occurring on board and the impossibility to have the ship repaired on site. The Loss of Time Clause has been the subject of several judgments in respect of both claims for loss of freight under voyage charters and loss of charter hire. The policy also incorporated the Institute Time Clauses-Freight which contained the loss of time exclusion.