General Average
Page 93
CHAPTER 5
Effects of a General Average Act
I A Defence
5.1 Action which, vis-à-vis the other parties interested in the adventure, would normally be actionable as a tort or breach of contract is excused to the extent that it is done for purposes of general average.1 Necessity may also be a defence to a claim brought by third parties to the adventure for a loss suffered by them as a result of a general average act.2II Contribution
5.2 The owner of each interest which benefits from a general average act must contribute to the loss suffered as a result of that act in proportion to the net value of the property preserved at the end of the voyage. A right to a general average contribution is enforceable by action:3Each owner of jettisoned goods becomes a creditor of ship and cargo saved, and has a direct claim against each of the owners of ship and cargo, for a pro rata contribution towards his indemnity, which he can enforce by a direct action.4