Maritime Law

Topics: Ship, Property, Cargo Pages: 3 (863 words) Published: May 26, 2013
Maritime LAW
‘general average’ and ‘particular average’

Contents
Introduction ...……………………………………………4
The Case...…………………………………………..……4
General Average vs Particular Average …………….…...4
Conditions Implying General Average ……………..........5
Case Analysis ……………………………………………6
Conclusion .........................................................................7

1. Executive Summary
* General Average vs. Particular Average
… compares the differences between General Average and Particular Average * Conditions Implying General Average
… the conditions which are to be present in order to imply the General Average exists. * Case Analysis
… the series of claims and the application of General Average in regards to the given case example.

2. INTRODUCTION
General Average - According to Rule A of York-Antwerp Rules 1994, "There is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonable made or incurred for the common safety for the purpose of preserving from the peril the property involved in a common maritime adventure".

3. the Case
The bulk carrier “Never Struck”, was on a voyage from Ardal in Norway to Antwerp fully laden with fertilizer. On January 6th, 2007 the vessel collided with “M.V Container” while approaching to pilot station. The cause of the collision was due to wrong plotting position of 3rd officer from “Never Struck” and wrongful act on COLREG 72 from “M.V Container”. Owners of the “M.V Container” claimed her damage cargo hold No 1. Cargo owner of fertilizer claimed to owner against delays.

4. general average vs. particular average
(a) General average is incurred for the benefit of all interests but the particular average is in connection with just one of the many interests. (b) General average is always voluntary and intentional but the particular average is an accidental or unexpected calamities. (c) General average is shared by...
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