When the ship finally reached Jamaica, Swift (the cargo owner) refused to accept the loss. He sued Captain Macbean, arguing that the sale of his goods was unlawful and that the captain had no right to sacrifice his property without his consent.
Under English law, a lease must have a certain beginning and a certain end. Swift v MacBean clarified how "certainty" is defined for the start date: swift v macbean
Fearing that the ship would founder and all would be lost—cargo, vessel, and lives—Captain Macbean made a critical decision. He ordered the ship to change course and seek refuge at the nearest port of safety: . When the ship finally reached Jamaica, Swift (the