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General Average

The law of general average is a principle of maritime law where all parties in a sea venture proportionally share any losses from sacrificing part of a ship or cargo to save the whole. It originated to avoid disputes over whose cargo was jettisoned in emergencies. Three elements are required: a common danger threatening the whole, a voluntary sacrifice of part to save the remainder, and the attempt must be successful in avoiding the peril. The first codification was the York Antwerp Rules of 1890 which are still used today.

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General Average

The law of general average is a principle of maritime law where all parties in a sea venture proportionally share any losses from sacrificing part of a ship or cargo to save the whole. It originated to avoid disputes over whose cargo was jettisoned in emergencies. Three elements are required: a common danger threatening the whole, a voluntary sacrifice of part to save the remainder, and the attempt must be successful in avoiding the peril. The first codification was the York Antwerp Rules of 1890 which are still used today.

Uploaded by

supriyodeb
Copyright
© Attribution Non-Commercial (BY-NC)
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Download as PDF, TXT or read online on Scribd
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General average

General average
Admiralty law

History

Ordinamenta et consuetudo maris Amalfian Laws Hanseatic League Features


Freight rate General average Marine insurance Marine salvage Maritime lien Ship mortgage Ship registration Ship transport Shipping International Regulations for Preventing Collisions at Sea Contracts of affreightment

Bill of lading Charter-party Types of charter-party

Bareboat Demise Time Voyage Parties

Carrier Charterer Consignee Consignor Shipbroker Ship-manager Ship-owner Shipper Stevedore Judiciary

Admiralty court Vice admiralty court International conventions

General average

Hague-Visby Rules Hamburg Rules Rotterdam Rules UNCLOS Maritime Labour Convention International Convention on Salvage International organisations

International Maritime Organization London Maritime Arbitrators Association

e [1]

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The owners of Hanjin Osaka, seen here transiting the Panama Canal in 2008, declared general average following an explosion in the ship's engine room on 8 January 2012.

The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning. Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient maritime law, still it remains part of the admiralty law of most countries.

The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949. General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams:
[2]

"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently 'inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder." "2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole." "3rd. This attempt to avoid the imminent common peril must be successful".

General average

References
[1] http:/ / en. wikipedia. org/ w/ index. php?title=Template:Admiralty_law& action=edit [2] http:/ / www. usaverageadjusters. org/ YAR. htm

External links
MSC Sabrina grounds in St. Lawrence River, Canada (http://cargolaw.com/2008nightmare_msc_sabrina. html#GA) General Average Definition (http://www.duhaime.org/LegalDictionary/G/GeneralAverage.aspx) Carver, Thomas Gilbert (1911). "Average". In Chisholm, Hugh. Encyclopdia Britannica 3 (11th ed.). Cambridge University Press

Article Sources and Contributors

Article Sources and Contributors


General average Source: http://en.wikipedia.org/w/index.php?oldid=580429621 Contributors: 28bytes, Alexchris, Bob Burkhardt, Chieftaha, Crown Prince, Ewlyahoocom, Filanca, FusionNow, Howellpm, Jasoncpetty, Keri, Mhockey, Misterx2000, Mono, Newportm, PBS-AWB, Phil13, Pikolas, Stbalbach, , 19 anonymous edits

Image Sources, Licenses and Contributors


File:Nautical icon.svg Source: http://en.wikipedia.org/w/index.php?title=File:Nautical_icon.svg License: Creative Commons Attribution-Sharealike 3.0 Contributors: Sea_badge.svg: Gigillo83 Steering_wheel_ship.svg: Steering_wheel_ship_1.png: Lidingo derivative work: Arnaud Ramey (talk) derivative work: Ain92 (talk) File:Hanjin Osaka on Gatun Lake.JPG Source: http://en.wikipedia.org/w/index.php?title=File:Hanjin_Osaka_on_Gatun_Lake.JPG License: Creative Commons Attribution 3.0 Contributors: Jean-Philippe Boulet File:Wikisource-logo.svg Source: http://en.wikipedia.org/w/index.php?title=File:Wikisource-logo.svg License: logo Contributors: Guillom, INeverCry, Jarekt, Leyo, MichaelMaggs, NielsF, Rei-artur, Rocket000

License
Creative Commons Attribution-Share Alike 3.0 //creativecommons.org/licenses/by-sa/3.0/

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