General Average

Page 15


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

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.