Swift V Macbean [extra Quality] -

| Case | Principle | Distinction from Swift v Macbean | | :--- | :--- | :--- | | | A master can hypothecate (pledge) cargo to raise funds. | Swift extended this from pledging to selling outright . | | The Copenhagen (1799) | General Average applies to voluntary sacrifices. | Swift clarified that expenses at a port of refuge can be "voluntary sacrifices" if the alternative is total loss. | | Notara v Henderson (1872) | Master must act with extreme prudence; liability for negligence. | This later case slightly narrowed Swift by requiring the master to explore all alternatives (e.g., borrowing on ship’s bottomry) before selling cargo. |

The master of a ship has a legal authority, derived from necessity, to hypothecate (pledge) or even sell the cargo if it is the only way to raise funds to complete the voyage. The court stated that if the master had no other means to pay for repairs, and the cargo would otherwise perish, he had the right to sacrifice a part to save the rest. swift v macbean