General average

York-Antwerp rules
 General average is usually adjusted
under above rules.
 Latest 2004 rules, but 1994 rules
more favourable to shipowners.
 Unlike Hague-Visby rules, these are
not incorporated into national
legislation, but voluntarily accepted
by shipowners, shippers and
insurers.
 Simple definition
 ‘‘‘‘ That which has been sacrificed for
the benefit of all shall be made good
by the contribution of all involved in
a maritime adventure’’’’’
 Parties of a maritime adventure
could be: ship owner, cargo owner or
owners no matter how small the
consignment, bunker owner,
equipment owner.
 Elements of general average
1. There must be a sacrifice or expenditure.
2. Sacrifice or expenditure must be
extraordinary.
3. Sacrifice or expenditure must be
intentionally made or incurred.
4. Sacrifice or expenditure must be
reasonable. ( jettison minimum)
5. Sacrifice or expenditure must be made
for common safety.
6. Sacrifice or expenditure must be made
for the purpose of preserving the
property from peril.
 Sacrifice or expenditure
 Sacrifice: cargo jettisoned to refloat
or to correct dangerous list,
machinery damage sustained during
refloating.
 Expenditure: cost of salvage
expenditure, cost of entering, staying
at and leaving a port of refuge.
 extraordinary
 Must not be every day loss or
expense in running a ship.
 Losing an anchor to prevent
grounding in not ex. Ord., because
that is what anchor is supposed to
do. Loosing anchor while refloating is
extra ordinary.
 Damage to engine while running
aground is not, while same damage
while refloating is extra ordinary.
 Intentional sacrifice.
 Beaching a leaking ship is intentional
 Running aground while asleep is not
intentional, so damage done while
running aground is not part of GA.
But costs of refloating are
intentional.