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CHAPTER 9 TERMS OF THE CONTRACT1

Marine Insurance: Law and Practice

CHAPTER 9 TERMS OF THE CONTRACT1 I INCORPORATION AND CONSTRUCTION OF TERMS 9.1 The relationship between parties to a contract of marine insurance is governed by general principles and rules of the law of contract, subject in turn to particular rules of the law of insurance and of the law of marine insurance. The provisions of the Marine Insurance Act 1906 are mostly subject to contrary contractual agreement. 1 This means that, even though a contractual term reflects a similar statutory provision and it may be sensible to give both the statutory provision and the contractual term a similar interpretation, the effect of a contractual term is ultimately a question of construction of the particular contract in issue. 2

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