Responsibility of Shipowners Act 1733

Responsibility of Shipowners Act 1733
Act of Parliament
Long titleAn Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners.
Citation7 Geo. 2. c. 15
Dates
Royal assent16 April 1734
Commencement16 April 1734
Repealed1 May 1855
Other legislation
Repealed byMerchant Shipping Repeal Act 1854
Status: Repealed

The Responsibility of Shipowners Act 1733 (7 Geo. 2. c. 15) was an Act of the Parliament of Great Britain passed in 1734. It was introduced for the protection of shipowners, following a petition presented to the House of Commons, and passed without a division in either House. It imposed a limit on the liability of shipowners in regard to goods embezzled by the master or crew of the ship carrying them. The liability for any loss or damage of goods was limited to the value of the vessel, her equipment, and any freight due for the voyage.

The Act was held to apply in the case of Sutton v. Mitchell (1785) 1 T.R. 18, where goods were stolen from a ship moored in the Thames by robbers colluding with a member of the crew. However, this emphasised the liability to which shipowners were still exposed in cases where goods were stolen without the involvement of the crew; as a result, a second petition was brought to the House, leading to the passage of the Merchant Shipping Act 1786.

This Act was repealed by section 4 of the Merchant Shipping Repeal Act 1854.

Sources

  • Fletcher, Eric G. M. The Carrier's Liability, pp. 175-176. Stevens & Sons, 1932.
  • Lord Mustill "Ships are different - or are they?" [1993] Lloyd's Maritime and Commercial Law Quarterly 490, pp 496-497.