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[general average] |
If a cargo ship’s master voluntarily sacrifices the cargo, equipment or funds from the ship to save the voyage, then all parties involved in the venture (including all cargoowners) are required to make a proportional contribution to cover the costs incurred. |

General Average
Marine insurance provision under which damages or expenses incurred by shippers (whose cargo isexposed to a common danger) are shared among them in proportion to the value of their exposed cargo. Such damages or expenses occur by direct harm to the ship and/or to the cargo, or in a course ofaction to prevent initial or additional harm to them. General-average, like particular-average, is independent of the insurance cover bought for the cargo. Instead, it arises out of the contractbetween the cargo owner and the ship owner. Now largely replaced by relevant institute cargo clause.
The law of general average is a legal principle of maritime law according to which all parties in a seaventure 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 membersoften 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 allthe 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 avertimminent 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 YorkAntwerp 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:
"1st. A common danger: a danger...
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