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The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning. Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient maritime law, still it remains part of the admiralty law of most countries.
The first codification of general average was the York Antwerp Rules of1890. American companies accepted it in1949. General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams:
"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently 'inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder."
"2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole."
"3rd. This attempt to avoid the imminent common peril must be successful".
Insured's benefits represented in the following points :-
1)Compensation from all parties involved in the marine voyage in case of general average concerning his goods.
2) In other cases the insured participate the parties involved in the general average to save the voyage , as well as his own goods.
The justification to the above mentioned points is :-
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The essence of the general average is that a party who has suffered some extraordinary expenditure or loss in order to save property belonging to others has the right of compensation for it's loss from all parties to the voyage who have benefited from it. ( e.g a merchant whose cargo jettisoned to save the voyage ). Also an important point is that the voyage must be saved for general average to be apply.
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