Convention ruling that hijacking occurs when a person on board an aircraft has unlawfully committed, or is about to commit, by force or threat, an act of interference, seizure or other wrongful exercise of control of an aircraft in flight. The Convention required every ratifying state to introduce domestic legislation to acquire jurisdiction over the offence. The state that apprehends the offender may either extradite him or her or refer the case to its own prosecuting authority. See HIJACKING ACT 1971.
Tag: UK
Hague Protocol
Updated the Warsaw Convention in 1955 by: extending protection to servants and agents sued by passengers dissatisfied with the Convention limits; removing some of the obstacles to claims in regard to matters such as details on tickets; removing the defence of pilot error and negligent navigation. The limit of liability to passengers doubled to 250,000 gold francs. The Protocol was introduced into the UK by the Carriage by Air Act 1961.
Hague-Visby Rules
Drawn up following Brussels Protocol 1968 to replace the Hague Rules, 1924. They are appended as a Schedule to the Carriage of Goods by Sea Act 1971. The rules have been adopted by several countries to establish a uniform code of carriage of goods by sea shipped under bills of lading.
Hail insurance
Insurance of property against damage caused by hailstorms. It is written on buildings, their contents, and growing crops.
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Contract of Insurance covering property against damage caused by hall and hailstorms.
Hamburg Rules
UN proposal in 1978 to overhaul the Hague Rules. The proposal makes the sea carrier liable for all damage to cargo regardless of cause and without limitation. The rules, opposed by the US and the UK, will come into effect when approved by 20 countries.
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Proposed rules for the carriage of goods by sea which substantially eliminate ship owners’ exemptions from liability for damage to cargo arising from e.g., fault in management, fault in navigation, or fire.
Hancock annuity
Annuity purchased by an employer for a former employee. If the employer’s clear intention was to provide an irrevocable pension for an already retired employee, when the purchase price is paid, the amount will attract tax relief (Hancock v. General Reversionary & Investment Co. Ltd (1918)).
Hangarkeepers’ liability insurance
See: Airport Owners’ And Operators’ Liability Insurance.
Haulier’s liability policy
Covers liability for loss/damage to customers’ goods; it does not cover the goods. Policies are rated on annual haulage charges. The rate varies according to the conditions of carriage and so a split is made between Road Haulage Association Conditions of Carriage, CMR and estimated unwitting CMR. Insurers require vehicles to be alarmed and usually impose security warranties that apply when the vehicles are unattended and garaged or parked overnight. Carriage of ‘target goods’ may attract a ‘two driver’ warranty. See GOODS IN TRANSIT.
Hazardous pursuits
Certain hazardous sports and activities are excluded from personal accident insurances, as they are high-risk pursuits not undertaken by all policyholders. Those who run the excluded risks can usually ‘buy them back. The ‘pursuits’ include: aviation (other than as a passenger on normal flights); hunting and polo; football; motorcycling; mountaineering involving the use of ropes; winter sports and others.
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Certain sports and activities are termed hazardous pursuits and are excluded from travel insurances although it may be possible to have them included on payment of an additional premium.
Hazardous waste
Waste containing any substance that may create danger to: (a) the life or health of people or animals when released into the environment; or (b) to the safety of humans or equipment in disposal plants if incorrectly handled. Hazardous waste may be toxic (most pesticides, lead salts, arsenic compounds, cadmium compounds, cattle dip); flammable (e.g. hydrocarbons); corrosive (e.g. acids, alkalines); oxidising (e.g. nitrates, chromatic). Insureds knowingly involved with hazardous waste must disclose it as material fact.
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Term generally used to refer to pollutants or contaminants that result from industrial processing and must be disposed.