ABSTRACT
The leading defences available to a marine insurer have been classified and their main aspects evaluated in the previous chapter. In this chapter, the interrelation between positive defences, which have been highlighted, and the breach of warranty defence will be discussed. Due to its close connection to the warranty regime, the unseaworthiness defence in time policies (s 39(5)) will, also, be taken into account and the interrelation between this particular type of defence and other leading affirmative defences will be illustrated. Such an examination is believed to add a different perspective to the current discussion by illustrating use of warranty and other defences in practice.
