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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.

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