PEH386

PEH386

Inquiry from Samuel Chisquijahu Levi Ximenes, trustee of Ets Haim, to Rector Isaak Chajim Abendana de BRITTO: The merchant Ruben from Breslau [or Brussel?] sent goods to his business associate in Lisbon, named David Ware, and tasked him with selling them to the best advantage. As the goods were not flawless, they remained unsold initially. After more than three years, someone took them over, but attached the condition that he would only pay for them if his own ship, sailing with others in the convoy fleet to Brazil [?], returned safely. [This is thus a kind of indirect marine insurance.] Since the buyer offered a high price, David agreed. Shortly thereafter, a colleague of Ruben came to Lisbon, and David told him about the deal. The colleague did not comment but wrote to Ruben about it. After eight months, Ruben declined to confirm the deal. The question is posed to the seminar whether Ruben was entitled to refuse; if so, what price David should pay to Ruben. Moses Alvarez initially separates the premium for marine insurance from the proceeds, stating that it could have been easily covered in Holland or England. The hesitation of Ruben can also be explained by the unsuccessful attempt to arrange the risk with an insurer afterwards. David acted negligently in assuming the risk without covering it and is now obliged to pay Ruben the proceeds minus the usual premium.

4

33

1759-03-09

1759-08-24

AlvarezM

Alvarez, Moshe

Abendana

Abendana de Britto, Isaac Chaim