Lloyd's Shipping & Trade Law
Braganza v BP Shipping Ltd and Another (The British Unity) [2013] EWCA Civ 230
Seafarer falling overboard – Widow’s benefits – Decision whether suicide or accident
It is settled law that where a contract gives a party a discretion, it must be exercised honestly and on reasonable grounds.
A major issue in
Braganza concerned the extent to which a lay decision maker had to be properly directed in law when forming an opinion for the exercise
of a discretion under a contract.