Barratry (common law)

Under barratry ( from Italian baratteria = fraud) is understood in the maritime wrongful of the captain or crew of a ship for action; the dictionary defines it as " dishonesty of the crew against the shipowner or cargo owner ( maritime law ) ."

Particulars

The term goes back to the Italian term Baratteria within the meaning of bribery or fraud. It describes a deliberate of the master or the crew of a ship, which deals damage to the ship or cargo, to the detriment of the shipper or the shipping company act. An act with the consent of the shipping company to the detriment of the shipper does not fall under the definition of barratry.

Examples of barratry may be: smuggling, the drilling or Seeuntüchtigmachen of ships breaking through naval blockades, the resistance against a warship which makes use of the right of search or the crossing of navigation laws.