barratry etymology

Etymology:

• Middle English: baratrie, from Old French baraterie, from barater "to swindle"
• Ultimately from Late Latin barattāre "to barter, exchange," from Vulgar Latin barattāre, probably from Hebrew berīth "covenant, pact"

Meaning:

Barratry is the willful and fraudulent act of a ship's master or crew that results in the loss or damage of the vessel, its cargo, or the property of others. It can include acts such as:

• Scuttling the ship
• Sailing into a dangerous area without proper reason
• Abandoning the ship
• Theft or embezzlement of cargo
• Smuggling

Origin:

The term "barratry" has been used in maritime law for centuries. It originally referred to the illegal practice of bartering or exchanging goods without paying the proper customs duties. Over time, the term came to be applied more broadly to any fraudulent or wrongful act that resulted in the loss of a ship or its cargo.

In the 19th century, barratry was codified into law in the United States and other countries. The Federal Maritime Law of the United States (46 U.S.C. § 30506) defines barratry as "any willful and fraudulent act of a master or crew resulting in damage to the vessel, its cargo, or the property of others."

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