General Average

Page 93


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.2

II 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:3

Each 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

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.