General Average
Page 311
Index
Index
- Abandonment or condemnation of voyage,
- Absorption clauses
- adjustment, –
- affreightment, contracts of,
- average adjusters, fees and expenses of,
- defences
- third parties,
- waiver of,
- hull policies, –
- insurance contracts, –
- International Hull Clauses 2003, ,
- property interests, –
- salvage charges, –
- small losses, recovery of,
- special charges, –
- rogation, ,
- third parties, –
- value,
- York-Antwerp Rules 1994,
- Adjustment, –
- absorption clauses, –
- common law,
- contract,
- contribution, , –
- damages,
- economic loss,
- effect of,
- general average acts, effect of,
- general principles, –
- governing law and practice, , –
- insurance, , , –
- jettison,
- jurisdiction, –
- liens,
- termination of adventure value, –
- time, place and law governing adjustment,
- value, , , –
- see also Adjustment, insurance and; Average adjusters
- Adjustment, insurance and, –
- Admiralty jurisdiction, , , ,
- Adventure see Common adventure
- Agents,
- Air, carriage by,
- Arbitration clauses,
- Association of Average Adjusters
- Authority to act, –
- agents, appointment of,
- bills of lading,
- charterparties,
- conditions of general average, –
- contract, statutory rules overridden by,
- contributions, liability for,
- delegation, by, –
- exclusion of liability, , –
- exercisable, whether the authority, –
- irrevocable authority,
- jettison, –
-
natural justice,Page 312
- necessitous interveners,
- officers or crew members, general average acts by, ,
- overriding the authority to act,
- proper person, acts sanctioned by, –
- public policy,
- ratification of acts, masters by, –
- superior orders, loss as a result of,
- Average, definition of,
- Average adjusters
- Average bonds
- Average Disbursements Clauses, copy of, ,
- Average loss, meaning of,
- Benefit
- Bigham clauses, , , –, , –,
- Bills of exchange, discounts on,
- Bills of lading, –
- Boilers, damage to, , ,
- Bonds see Average bonds
- Bottomry bonds,
- Brussels Regulation, –
- Bunkers
- Burden of proof, –, , ,
- Cables, cutting away,
- Cargo
- another ship, loading into another, ,
- causation and remoteness,
- condition of cargo, fault of claimant and, –
- contribution,
- contributory value, place of assessment of, –
- damage whilst discharging,
- deck,
- discharge of, ,
- dry-docking with,
- exclusion of liability, , ,
- expenses, liability for,
- forwarding,
- freight, –
- fuel, used as,
- inherent vice,
- Institute Cargo Clauses, , , ,
- insurance contracts, , , –
- lightered
- lighters, putting cargo onto,
- non-separation agreements, –
- part of
- personal effects,
- port of refuge expenses, –, ,
- stranding,
- subject-matter,
- undeclared or wrongfully declared,
- York-Antwerp Rules 2004,
- see also Cargo, value of
- Cargo, value of, –
- Association of Average Adjusters Rules, ,
- bills of lading,
- commission on sale,
- common law,
- contributory values, ,
- disbursements,
- forwarding from port of refuge to destination by other means,
- freight, , –
-
hire,Page 313
- market value,
- sale of, –
- York-Antwerp Rules, , –
- Cash deposits, –,
- Causation and remoteness, –
- Charges see Expenses and charges
- Charterparties
- Civil Jurisdiction and Judgments Act 1982,
- Civil Procedure Rules,
- Claims procedure,
- CMI Guidelines Relating to General Average, –
- Commercial enterprises, benefiting common,
- Commission,
- Common adventure
- common law,
- common peril, disconnection of vessel and,
- common safety and common benefit to the, –
- Continental legal system,
- duration of a, –
- existence of a, –
- governing rules, –
- intention, average act and, –
- limitation of actions,
- partial loss, –
- place of safety, property brought to a, –
- place of termination,
- safe prosecution of the adventure, ,
- single interest, division of,
- single vessel, interests not at risk on a,
- success of act,
- two interests, exposure of,
- York-Antwerp Rules, ,
- see also Danger to a common adventure
- Compensation
- Conditions of general average, –
- authority to act, –
- burden of proof, –
- danger
- general average loss must be direct consequence of general average act,
- intentionally incurred for the benefit of the common adventure, average act must be, –
- maritime adventure in the nature of a voyage, –
- reasonable, action taken must be, –
- sacrifice or expenditure
- subject-matter, –
- success of act, –
- Containers, value of, ,
- Contract, –
- adjustment,
- affreightment, contracts of,
- authority to act,
- average bonds, –
- construction,
- contribution,
- exceptions to liability, –, –
- fault,
- freedom of contract,
- general average acts, effect of, –
- governing law and practice, –
- implied contract theory, –
- limitation of actions,
- Lloyd’s average bonds,
- privity of contract,
-
qualifying losses,Page 314
- reasonableness,
- Rome Convention 1980,
- sacrifice or expenditure of an extraordinary nature,
- salvage, lightening and the environment,
- statutory rules overridden by,
- variation, –
- York-Antwerp Rules,
- see also Insurance contracts
- Contribution
- adjustment, , –
- arbitration clauses,
- authority to act,
- average adjusters, –
- average bonds, , –,
- bills of lading,
- cargo,
- charterparties,
- consignees of goods,
- contract,
- danger to a common adventure, –
- diminution in value, –
- economic loss, ,
- enforcement, –
- entitlement to contribution, –, –
- exceptions to liability to contribute, –
- fault, ,
- general average acts, effect of, –
- guarantees, , –
- insurable interest,
- insurance contracts, –, –
- insurers’ liability, , –
- liability of contributors,
- liens, ,
- non-separation agreements,
- ownership, –
- right of action, contributors’,
- unjust enrichment,
- York-Antwerp Rules, , ,
- see also Contributory value
- Contributory value, , –
- Crew
- Currency,
- Custom, , ,
- Damage during voyage,
- Damages, , ; see also Compensation
- Danger see Danger, existence of real; Danger to a common adventure
- Danger, existence of real
- Danger to a common adventure, –
- benefit, loss exceeding,
- conditions of general average, –
- contribution necessary, no legally enforceable right to, –
- deck cargo,
- duration of the common adventure, –
- existence of a common adventure, –
- expenses,
- human lives, preservation of,
- intended beneficiaries,
- interests
- jettison,
- joint ownership, –
- necessary to avert or minimise the threat or direct consequence of earlier action, –
- ownership, interests in same, –
- particular average losses,
- particular charges,
- port of refuge expenses, –
- reduction in award,
-
repairs,Page 315
- restitution,
- safety of common adventure, action taken for the,
- single interests, danger to, ,
- total loss,
- York-Antwerp Rules,
- Dangerous goods,
- Deck cargo, ,
- Definition of general average, –
- Delegation, –
- Delivery, withholding,
- Demurrage,
- Deposits, –, ,
- Detention, paying money to secure release from,
- Deviation,
- Diminution in value, , –
- Direct consequence of general average act, –, ,
- Disbursements
- Dry-docking with cargo,
- Duration of the common adventure, –
- Early termination of voyage, , –
- Economic loss, ,
- Effects of a general average act, –
- Environment, , –; see also Salvage and the environment
- Examples of general average, –
- Exceptions to liability to contribute contractual qualification of liability to general average, –
- Excess liabilities, ,
- Exchange rate losses,
- Exclusion of liability, –
- authority to act, , –
- bills of lading,
- burden of proof,
- cargo owners, ,
- contractual exclusions, –
- dangerous goods, Hague-Visby Rules and,
- fault, –
- fire, actual fault and privity and,
- Hague-Visby Rules, negligence and,
- Harter Act, ,
- indemnities,
- Jason clause, negligence and, –
- marine insurance,
- negligence, –, –
- scope of exclusion,
- shipowners, –
- statutory exclusion,
- unseaworthiness, , ,
- see also Exemption clauses
- Exemption clauses
-
Expenditure see Extraordinary expenditure; Sacrifice or expenditurePage 316
- Expenses and charges
- Extraordinary expenditure, –
- Extraordinary sacrifices, –
- Fault of claimant
- actionable fault,
- basis of rule, –
- burden of proof, –
- causation,
- condition of cargo, danger arising from, ,
- contractual liability,
- contribution, ,
- contributors’ right of action,
- deviation,
- exclusion of liability, –
- Hague Rules, limitation of actions and,
- inherent vice, cargo and,
- Jason Clause, –
- jettison of cargo, , ,
- joint tortfeasors,
- limitation of actions,
- limitation of liability,
- negligent navigation,
- seaworthiness, , –
- third parties, prejudicing,
- tortious liability, ,
- York-Antwerp Rules, ,
- Fire
- Foreign adjustment, –
- Foreseeability,
- Forwarding cargo, ,
- Freight
- Frustration,
- Fuel
- General average losses
- Governing law and practice
- adjustment, , –
- average adjusters, appointment of,
- average bonds,
- charterparties,
- contract, –
- custom,
- proper law, identification of,
-
Rome Convention 1980,Page 317
- York-Antwerp Rules,
- Governing rules of general average, –
- Guarantees, , –, –
- Hague Rules, limitation of actions and,
- Hague-Visby Rules,
- Harter Act, ,
- Hatches, water in the,
- Hire, , ,
- Hull insurance,
- Human lives, preservation of,
- Hypothecation of the ship,
- Illegality,
- Immediate danger, , ,
- Indemnities
- Inherent vice,
- Inland waters, voyages on,
- Institute Cargo Clauses, , ,
- Institute Freight Clauses,
- Institute Hull Clauses, , , –
- Institute Time Clauses
- Institute Time Clauses (Hull), , –
- Insurance see Insurance contracts; Insurers’ liability; Marine Insurance Act 1906
- Insurance contracts, –
- absorption clauses, –
- adjustment, , –
- all risks insurance,
- Association of Average Adjusters Rules,
- averting or minimising loss, ,
- benefit from general average act,
- Bigham clauses, non-separation agreements in, –
- calculation of rights and liabilities, –
- cargo, , , –
- contribution, –,
- contributory value, –, , –
- different contracts,
- disbursements,
- environment, insurance and, –
- exclusion of liability, ,
- extraordinary expenditure,
- freight, –, , –
- general average acts, effect of,
- general average expenditure, , –
- general average sacrifice, –
- hire,
- hull insurance, , –, , –
- human lives, preservation of,
- indemnities, , –, , –
- Institute Cargo Clauses, ,
- Institute Freight Clauses, , –
- Institute Hull Clauses, , –
- Institute Time Clauses (Hull), –, ,
- insurable interest,
- insured value, ,
- insured’s rights to indemnity and contribution, –
-
International Hull Clauses 2003, ,Page 318
- jettison,
- more than one interest, assured with, –
- non-separation agreements, –
- partial loss, ,
- particular average loss,
- Protection and Indemnity Association cover,
- reduction in liability,
- salvage, , –
- specific losses,
- subrogation,
- substituted expenses,
- sue and labour,
- third parties, claims against, –
- time charterparty hire,
- types of loss,
- under-insurance, ,
- unjust enrichment, ,
- valued policies, ,
- voyage charterparty freight,
- York-Antwerp Rules, , ,
- Insurers’ liability, –
- adjustment,
- avoidance of insured peril, –
- contribution, , –
- contributory value, ,
- excess liabilities,
- guarantees,
- hull and freight clauses,
- indemnities, , , ,
- Institute Cargo Clauses General Average Clause,
- Institute Time Clauses Hulls: Excess Liabilities,
- loss suffered,
- Marine Insurance Act 1906, , ,
- peril insured, –
- subject-matter insured, –
- under-insurance, –
- value insured, –
- Intentionally incurred for the benefit of the common adventure, average act must be, –
- Interest
- Interests
- International Hull Clauses, text of,
- Intervening acts,
- Jason clause, –
- Jettison, –
- Joint ownership, danger and, –
- Joint tortfeasors,
- Jurisdiction
- Justification of the general average doctrine, –
- common law,
- implied contract theory, –
-
mutual insurance,Page 319
- public policy,
- unjust enrichment, restitution of,
- York-Antwerp Rules,
- Justinian’s Digest,
- Land, goods on, –
- Letters of undertaking,
- Liens, –,
- adjustment,
- average adjusters, appointment of,
- average bonds, ,
- claims procedure,
- contribution, ,
- contributory value, place of assessment of, –
- delivery, withholding,
- guarantees,
- maritime liens, , ,
- masters,
- possessory liens, , ,
- ranking,
- reasonableness,
- release of,
- Rhodia law,
- salvage, lightening and the environment,
- sacrifice or expenditure of an extraordinary nature, –
- success of act, –,
- value,
- Lightening the ship
- Limitation of actions, –
- Limitation of liability
- Lloyd’s
- Lloyd’s Average Bond
- Low-value items omitted from adjustment,
- Machinery and boilers, damage to, , ,
- Mails and personal effects,
- Maintenance see Wages and maintenance
- Marine and maritime, definition of,
- Marine Insurance Act ((1906)
- Masters
- agents for all parties, as,
- authority to act, –, –
- danger, existence of real, ,
- delegation, by, –
- exercisable, whether the authority, ,
- inability to act,
- liens,
- ordinary firmness and sound judgment,
- overriding,
- public policy,
- ratification of acts by, –
- reasonableness, ,
- see also Wages and maintenance
- Masts, cutting away,
- Mitigation of loss,
-
Natural justice,Page 320
- Navigation, vessels used in,
- Necessity
- Negligence, –
- Non-separation agreements
- P&I Clubs,
- Partial losses, –
- Particular average
- Particular charges
- Payee of general average contribution, –
- Personal effects,
- Pilotage charges, –
- Piracy, –
- Place of assessment of contributory values
- Bigham Clause, –,
- cargo owners, liability of, –
- carriers, liability to,
- different cargos bound for different points,
- early termination, –
- frustration,
- intention, –
- liens, –
- Non-Separation Agreement, , –
- on-carriage, –
- particular average,
- port of refuge, ,
- substitute vessels, use of,
- termination of adventure, –
- wages and maintenance,
- York-Antwerp Rules, , –
- Place of safety
- Port, voyages within the confines of a,
- Port charges, –
- Port of refuge expenses, –
- abandonment or condemnation of voyage,
- commercial enterprises, benefiting common,
- common law, , –
- continuous operation, as part of,
- contributory value, place of assessment of,
- current practice, –
- danger to a common adventure, –
- direct consequence of general average act,
- early termination of voyage,
-
entry, removal and departure,Page 321
- fuel and stores,
- handling or discharging,
- meaning,
- particular average loss,
- perils of the sea,
- pilotage charges, –
- place of safety, property brought to a, ,
- port charges, –
- qualifying losses, –
- recommencing the voyage, expenses of,
- repairs, –
- storage, reloading and stowage expenses,
- stranded vessels, unloading cargo from,
- termination of voyage value,
- unloading and reloading expenses, –
- voyage, damage outside the,
- wages and maintenance of master and crew, –, –
- warehouse charges, –
- York-Antwerp Rules, , –
- Precautions, ,
- Preservation of ship, –
- Privity of contract,
- Propellers, repairs to,
- Proper law, identification of,
- Proper person, acts sanctioned by the, –
- Protection and Indemnity Association cover,
- Railway, goods transferred to a,
- Ransom, , –
- Ratification of acts, –
- Real danger see Danger, existence of real
- Reasonableness, –
- Bigham Clause,
- compensation for unreasonable loss, –
- conditions of general average, –
- contract,
- extraordinary sacrifice and expenditure,
- fuel, supply of, –
- liens,
- masters,
- mitigation,
- place of refuge, selecting a,
- Rule Paramount in York-Antwerp Rules,
- substituted expenses,
- UK Standard Conditions for Towage,
- York-Antwerp Rules,
- Recommencement of voyage, expenses of, –
- Refloating, damage during,
- Refuge see Port of refuge expenses
- Remoteness see Causation and remoteness
- Repairs
- Respondentia bonds,
- Restitution
- Rhodian law, ,
- Rule Paramount, , ,
- Sacrifice or expenditure
- cargo and ship’s material used as fuel,
- conditions of general average, –
- contract,
- crew, taking on extra or increasing wages of,
- extraordinary nature of, –
- freight, abandonment of,
- fuel
- imminent perils,
- insurance contracts, –
-
kind and degree, differences in, –Page 322
- machinery and boilers, damage to,
- Marine Insurance Act 1906, –
- ordinary and normal perils of the sea,
- particular thing, sacrifice of a,
- precautions,
- real, must be, –
- repairs, –
- single interest, danger to,
- success of act, –
- value, –,
- wreck, part of superstructure in state of,
- York-Antwerp Rules 2004, , –,
- Sacrificed property,
- Safety of common adventure, –,
- Salvage
- absorption clauses, –
- Admiralty law and jurisdiction,
- charges, , –, , –
- complex operations,
- duration of the common adventure,
- engaging salvage services,
- expenses in the nature of,
- extraordinary expenditure,
- governing rules,
- human lives, preservation of,
- insurance contracts,
- Marine Insurance Act 1906, ,
- necessity,
- partial loss, ,
- particular charges,
- restitution,
- self-interest,
- services, ,
- termination of voyage value,
- Salvage: York-Antwerp Rules,
- see also Salvage and the environment; Salvage liability
- Salvage and the environment, –
- Association of Average Adjusters, ,
- complex salvage operations,
- contracts,
- differential salvage awards,
- environmental services,
- exemption clauses,
- insurance contracts, –
- lightening, –
- Lloyd’s Standard Form of Salvage Agreement,
- maritime liens,
- necessity,
- salvage charges,
- Salvage Convention 1989, , –,
- shipowners,
- special compensation,
- York-Antwerp Rules 1994, –, –
- Salvage liability, , –
- Scuttling,
- Seaworthiness
- Security
- Settlement of claims abroad,
- Ships, value of, –
- Single interests
- Single vessel, interests not at risk on a,
- slavery,
- Small losses, recovery of, –
- Smoke damage,
- Spare parts, air freighting,
- Specific time-bar,
- Storage, reloading and stowage expenses,
- Stores, ,
- Stranding, , , ,
- Subject-matter, –
-
Subrogation, , ,Page 323
- Subsequent expenses,
- Substitute vessels, use of,
- Substituted expenses
- Association of Average Adjusters,
- common law, –
- custom,
- drydocking with cargo on board,
- forwarding cargo,
- fuel, additional,
- losses,
- marine insurance, avoidance or minimisation of insured loss and,
- reasonableness,
- spare parts, air freighting of,
- temporary repairs, , , , –
- towage services,
- York-Antwerp Rules, –
- Success of act, –
- common adventure, acts for the purpose of the,
- compensation,
- conditions of general average, –
- destination, SUB:ject-matter brought safely to the, –
- excluding the requirement of success,
- expenditure, –
- extinguishment of requirement,
- extraordinary sacrifice,
- failure,
- general average act, success not resulting from, –
- jettison,
- liens, –,
- limitation period,
- particular average,
- period of liability, –
- place of safety, arrival at a,
- preservation of ship, –
- sacrifice, ,
- terminal value, –, –
- unjust enrichment,
- York-Antwerp Rules, ,
- Sue and labour, , ,
- Superior orders, loss as result of,
- Supreme Court Act 1981, text of,
- Temporary repairs
- Termination of voyage value
- adjustment, –
- common law, ,
- contributory interest must be of value at end of voyage, –
- contributory value, place of assessment of, –
- crystallised liability,
- diminution in value,
- early termination, –
- extraordinary expenditure, –
- extraordinary sacrifices,
- necessitous intervention,
- place of termination, –, –
- port of refuge expenses,
- restitution,
- salvage,
- ships,
- success of act, –, –
- York-Antwerp Rules, –, ,
- Third parties
- Through bills of lading, ,
- Time limits see Limitation of actions
- Tortious liability, , , , ; see also Negligence
- Total loss, , ,
- Towage
- UK Standard Conditions for Towage,
- Under-insurance, –, ,
- Uniformity, –
- Unjust enrichment
- Unseaworthiness see Seaworthiness
-
ValuePage 324
- absorption clauses,
- adjustment, , –, –
- allowances, amount of,
- bunkers,
- cargo, , –
- containers,
- contributory values, , –, , –, ,
- diminution in value, –
- disbursements, , –
- effect of adjustment,
- form, copy of,
- freight, –
- general average expenditure,
- general rule, –
- hire,
- insurance contracts, ,
- insured, –, ,
- liens,
- lightered cargo,
- limitation of actions, –
- market,
- sacrifices, expenditures and contributory interests, –
- time and place of valuation, –
- wireless and navigational equipment,
- York-Antwerp Rules 2004,
- see also Contributory value; Ships, value of; Termination of voyage value
- Variation by contract, –
- Voyage, maritime adventure in the nature of a, –
- air, carriage by,
- conditions of general average, –
- inland waters, voyages on,
- land, goods on, –
- loading onto another ship, goods, ,
- marine and maritime, definition of,
- Marine Insurance Act 1906,
- marine insurance contracts,
- navigation, vessels used in,
- port, voyages within the confines of a,
- railway, goods transferred to the,
- through bills of lading, ,
- warehouses
- Wages and maintenance
- Warehouses, , , –
- Wireless and navigational equipment, value of, ,
- Wreck, part of superstructure in state of,
- York-Antwerp Rules, ,
- absorption clauses,
- adjustment, –
- cargo
- cash deposits, –
- common adventure, ,
- comparative table,
- contents,
- contract,
- contribution, , ,
- contributory value, place of assessment of, , –
- danger
- deck cargo,
- definition of general average, ,
- delay,
- demurrage,
- disbursements,
- duration of common adventure,
- editions of, –
- exemption clauses, –
- fault, ,
- fire, extinguishing,
- force of, ,
- freight,
- governing law and practice,
- governing rules, –
- hatches, water in the,
- human lives, preservation of,
- incorporation of,
- insurance, , , , –
- lettered rules,
- lightening a ship when ashore, expenses of,
- machinery and boilers, damage during refloating to,
- market, loss of,
- negligence, –
- numbered rules,
- partial loss,
- port charges, –
-
port of refuge expenses, , –Page 325
- preservation of ship,
- purpose of,
- qualifying losses, –
- reasonableness,
- revised, –
- Rule of Interpretation,
- Rule Paramount,
- Rules of Practice of the Association of Average Adjusters,
- ships, value of, –
- standard forms, ,
- substituted expenses, –
- success of act, ,
- temporary repairs, ,
- termination of voyage value, –, ,
- uniformity, –
- value, , –
- voluntary stranding,
- wages and maintenance, –
- see also York-Antwerp Rules 1994; York Antwerp Rules 2004
- York-Antwerp Rules 1994
- York-Antwerp Rules 2004, ,
- cargo,
- comparative table,
- contributory value, place of assessment of, –
- definition of general average,
- environmental pollution, , , –,
- freight,
- fuel, ,
- interest, –
- lightening, lighter hire and reshipping costs,
- lightening a ship when ashore, expenses of,
- limitation of actions, –
- partial loss,
- port of refuge expenses,
- reloading,
- sacrifice or expenditure, , –,
- salvage, lightening and the environment, , –,
- storage expenses,
- stores, ,
- stowage,
- temporary repairs, –
- wages and maintenance, –
- Zong massacre,
Page 326