Barratry (admiralty law)
In admiralty law, barratry is an act of gross misconduct committed by a master or crew of a vessel resulting in damage to the vessel or its cargo. These activities may include desertion, illegal scuttling, theft of the ship or cargo, and any act carried out against the best interests of the shipowner. As barratry is considered misconduct against the shipowner (or demise charterer), who is the only party having standing to sue for damages, any affected owners of cargo must normally bring claims against the shipowner (or demise charterer) for breach of contract of carriage to receive compensation. Description Barratry is defined in the Marine Insurance Act 1906 as "every wrongful act wilfully committed by the master or crew to the prejudice of the owner, or, as the case may be, the charterer" and thus usually considered a crime against the ship's owner. Therefore, if the owner himself chooses to wreck the ship, no crime is committed, as the owner has simply destroyed his own property. However, his actions can constitute a crime against any other owners of the ship. Harm to the crew can constitute barratry regardless of who damages the vessel. Throughout the 19th century, US courts