Barratry

\L.Lsit.barataria; from Ital. barratria, or tr. barat, deceit, fraud.] In marine insurance. Fraudulent conduct on the part of the master of a vessel, in his character of master, or of the mariners, to the injury of the owner of the ship or cargo, and without his consent; including every breach of trust committed with dishonest views.

3 Kent's Com. 305.

An act committed by the master or mariners of a ship» for some unlawful or fraudulent purpose, contrary to their duty to their ownere. whereby the latter sustain an injury.

Story, J., 8 Cranch R, 39.

In a larger sense, barratry comprehends negligence as well as wilful mbconduct, and in this sense it is used by the French writers. Pardes Mus Cours de Droit Com. tome iii. n.

112, 3 Kent*8 Com. 305.

In some recent American cases, the courts seem to be approximating to this meaning.

Id. 300, note.

The term barratry is supposed by some to be derived from the Italian law, in which barratria has the sense of fraud committed in contracts and sales.

Dufresne. Lord EUenborough, 8 j Sast, 126.

Others have derived it from the Spanish barateria, which has a similar meaning.

Johnson, J., 3 Peters' R. 222—230.

From whatever source it may have been introduced, there is httle doubt that radically it imports fraudj and hence it is generally agreed in English and American law the Xfrtrnd must be a constituent of the act of barratry.

12 Johns. R. 128. 14 Mass. R. 1, Johnson, J., t<6. «u/7.

Abbott on Skip \^Z. But the word fraud, as used in defining this act, is itself not always understood in its stricter sense, as implying a dishonest or injurious intention. Hence acts done by the master of a vessel, even with the view of promoting the owner's interest, may nevertheless, in certain cases, amount to barratry. Accordingly, under the denomination of barratry are properly included not only the grosser acts or crimes^ of destroying or running away with a vessel or cargo, and stealing the cargo by the mariners, but also acts inconsistent with the owner's instructions, or not consonant to the laws of the land: such as sailing out of port without paying port duties, disregard of an embargo, breach of blockade, smuggling, cruising under a letter of marque against the owner's instructions and intentions, and deviation from the voyage in some cases. See Abbott on Ship. (Perkms' ed. 1846), 183, and note, ibid. The English and American cases a^e not altogether in harmony on this subject, the cause of which has been well explained by Johnson, J., in the opinion already referred to.