Touch

In the law of marine insurance, to stop at: to stop at a port for purposes of trade, there being no unnecessary delay and no enhancement of the risk.

A vessel touches at a port when she calls there for orders or a cargo. The opposite word is " stay."* If there be liberty granted by the policy of insurance " to touch " or " to touch and stay " at an intermediate port on the passage, the insured may trade there, when consistent with the object and furtherance of the adventure, provided it produces no unnecessary delay, nor enhances nor varies the risk.^ See Deviation.

Policies of marine insurance have frequently given the vessel leave to touch and stay at designated ports. It seems formerly to have been held that the insured vessel thus empowered to touch and stay at a place in the course of the voyage must confine herself strictly to the terms of the liberty so given; for any attempt to trade at such a port during such a stay — as by shipping or landing goods — will amount to a species of deviation which will discharge the underwriters, unless the ship have also liberty to trade as well as to touch and stay. More recently, a more liberal view has been urged. It is said that the insured may trade at the designated port, when consistent with the object and the furtherance of the adventure, by breaking bulk, or by discharging and taking in cargo, provided it produces no unnecessary delay, nor enhances or varies the risk. Consult Marsh. Ins. 275; 3 Kent Com. 314; Am. Ins. (Perk, ed.) 370. Toujours et uncore prist. Always and still ready. A law-French name of a plea of tender. In general, one who relies upon -a tender must allege that he has always been ready to pay.