86.Ratification by assured

Where a contract of marine insurance is in good faith effected by one person on behalf of another, the person on whose behalf it is effected may ratify the contract even after he is aware of a loss.

87.Implied obligations varied by agreement or usage

(1)Where any right, duty, or liability would arise under a contract of marine insurance by implication of law, it may be negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract.
(2)The provisions of this section extend to any right, duty, or liability declared by this Act which may be lawfully modified by agreement.

88.Reasonable time, &c. a question of fact

Where by this Act any reference is made to reasonable time, reasonable premium, or reasonable diligence, the question what is reasonable is a question of fact.

89.Slip as evidence

Where there is a duly stamped policy, reference may be made, as heretofore, to the slip or covering note, in any legal roceeding.

90.Interpretation of terms

In this Act, unless the context or subject-matter otherwise requires,?
“Action” includes counter-claim and set off:
“Freight” includes the profit derivable by a shipowner from the employment of his ship to
carry his own goods or moveables, as well as freight payable by a third party, but does not include passage money:
“Moveables” means any moveable tangible property, other than the ship, and includes money, valuable securities, and other documents:
“Policy” means a marine policy.


(1)Nothing in this Act, or in any repeal effected thereby, shall affect?

(a)The provisions of the Stamp Act 1891, or any enactment for the time being in force relating to the revenue:

(b)The provisions of the Companies Act 1862, or any enactment amending or substituted for the same;

(c)The provisions of any statute not expressly repealed by this Act.

(2)The rules of the common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts of marine insurance.

92. Repealed

Repealed by the Statute Law Revision Act 1927.

93. Repealed

Repealed by the Statute Law Revision Act 1927.

94. Short title

This Act may be cited as the Marine Insurance Act 1906.