General Average
Page 15
CHAPTER 2
The Conditions for General Average
I Burden of Proof
2.1 Rule E of the York-Antwerp Rules generally states the common law rule that the onus of proof is upon the party claiming a general average contribution to show that the loss claimed is properly allowable in general average.1 Specific stipulation may also be made, albeit without necessarily enlarging the general requirement. Thus, Rule VII provides that:Damage caused to any machinery and boilers of a ship which is ashore and in a position of common peril, in endeavouring to refloat, shall be allowed in general average when shewn to have arisen from an actual intention to float the ship for the common safety at the risk of such damage …2