ABSTRACT
Partial loss is defined by the Marine Insurance Act 1906 which states, A particular average loss is a partial loss of the subject-matter insured, caused by a peril insured against, and which is not a general average loss. The object is to provide an indemnity placing the assured in the same position he was in at the beginning of the risk, thus insurable value is, in total and partial losses, to be ascertained at the commencement of the risk. The measure of indemnity in respect of an unrepaired partial loss is based upon the reasonable depreciation of the vessel. In Livie v Janson during the currency of the insurance the ship was damaged by the ice driving the ship ashore. The master and crew endeavoured without success to get the ship off and the next morning master was discovered and seized by the American authorities.
