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The Cessation of Sue and Labour

Chan Leng Sun

(2006) 18 SAcLJ 693

An assured under a marine insurance contract has a duty to take reasonable measures to avert or minimise a loss, whether under s 78(4) of the Marine Insurance Act (Cap 387, 1994 Rev Ed) or under the inevitable suing and labouring clause in the policy. He also has a corresponding right to recover suing and labouring expenses properly incurred. Authorities are scant on the duration of such right or duty. This paper discusses when the right or duty should end.