Mumbai University Solved Question Papers
Law of Insurance
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Dec 2012 Examination
munotes.in
Mumbai
Mumbai University Solved Question Papers
Law of Insurance
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Dec 2012 Examination
munotes.in
Mumbai
First published on munotes.in on 24 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by the University of Mumbai at the Dec 2012 examination.
The questions below are the paper as the University of Mumbai set it at the Dec 2012 examination, in the order it was set.
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The questions in this volume are the questions asked at the Dec 2012 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
Instructions printed on the paper
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1: Write short answers, not more than two sentences
20 Marks - 2 marks each
Answer
Meaning. The touch and stay clause is a clause in a voyage policy that lets the ship call at ports on her way. The old form of policy in the Schedule to the Marine Insurance Act, 1963 says it is lawful for the ship "to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insurance".
Its limit. Rule 6 of the Schedule limits the clause. Without a further licence or usage, the liberty to touch and stay "at any port or place whatsoever" does not allow the ship to leave the course of her voyage. So the ship may call only at ports that lie on her route between the port of departure and the port of destination.
Why it matters. Without the clause, a call at an intermediate port could be treated as a deviation. An unexcused deviation discharges the insurer from the time it happens (section 48). With the clause, a call on the route, for a purpose connected with the voyage, does not affect the cover.
Example. A ship insured from Mumbai to Rotterdam may touch and stay at Port Said, which is on her route, to take on fuel. She may not go off her course to call at Colombo.
Conclusion. The touch and stay clause permits calls at ports on the insured route, but it never licenses a departure from the course of the voyage.
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