| Case | Principle | Distinction from Swift v Macbean | | :--- | :--- | :--- | | | A master can hypothecate (pledge) cargo to raise funds. | Swift extended this from pledging to selling outright . | | The Copenhagen (1799) | General Average applies to voluntary sacrifices. | Swift clarified that expenses at a port of refuge can be "voluntary sacrifices" if the alternative is total loss. | | Notara v Henderson (1872) | Master must act with extreme prudence; liability for negligence. | This later case slightly narrowed Swift by requiring the master to explore all alternatives (e.g., borrowing on ship’s bottomry) before selling cargo. |
When the ship finally reached Jamaica, Swift (the cargo owner) refused to accept the loss. He sued Captain Macbean, arguing that the sale of his goods was unlawful and that the captain had no right to sacrifice his property without his consent. swift v macbean
The parties entered into an agreement for a lease of furniture and premises to commence "immediately upon the outbreak of hostilities" between Great Britain and Germany. When war broke out in 1939, the tenant sought to avoid the lease, arguing it was void for uncertainty and had been frustrated by subsequent government requisitioning of the property. Core Question: | Case | Principle | Distinction from Swift
For Swift, this was an unpardonable sin. Swift believed that the duty of a writer was to instruct and delight through truth. To fake a lineage, to present a modern, mediocre poem as an ancient masterpiece, was an assault on the integrity of the craft. | Swift clarified that expenses at a port
The case was heard by the Court of King’s Bench, with delivering the leading judgment. The court ruled in favour of Macbean (the shipmaster), and this judgment is why Swift v Macbean remains famous.
In 1842, crossing the Atlantic took weeks. Today, a master can use satellite phones, email, and Inmarsat to contact cargo owners within minutes. The second prong of the test ("impossibility of communication") is now extremely difficult to satisfy. A master who sells cargo today without at least attempting to contact the owner may be found liable for conversion.