Define Sue and Labor clause.« Back to Questions List
By the terms of this clause, when the subject matter insured is liable to be lost or damaged, the assured is expected to act as if he was uninsured and take measures, and if necessary spend money, to try to avert or minimize any loss which might be recoverable under the policy.
Case 1. The ship has cargo on board and is earning freight. She strands, and Case 2. The circumstances are the same as in Case 1, except that the ship is in ballast and is earning no freight. As there is no "common" adventure, general average cannot arise and the cost of the tug is a "particular charge" recoverable from underwriters under the Sue and Labour Clause. Case 3. The ship, either with or without cargo, strands. Another ship arrives on the scene and volunteers to pull the stranded ship off and, if necessary, tow her to a place of repair. The master of the stranded ship accepts the offer. The salving ship is remunerated by a "salvage award" and the cargo owners (if any) will have to contribute their share i.e., the cargo will be liable for "salvage charges". |