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Risk (Material)

Misfortune Risk
Last updated: 28-Nov-2015

Photo Production Ltd v Securicor Transport Ltd [1980] 1 All ER 556 per Lord Diplock at p.568

The risk that a servant of Securicor would damage or destroy the factory or steal goods from it, despite the exercise of all reasonable diligence by Securicor to prevent it, is what in the context of maritime law would be called a 'misfortune risk', something which reasonable diligence of neither party to the contract can prevent. Either party can insure against it.

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