This letter read as follows : “ The system of general average is one which , to prevent confusion and injustice , pre - eminently requires that the same principles should be acknowledged amongst the chief maritime nations .
Author: David John Wilson
Category: Average (Maritime law)
Provides students with a picture of the law of trusts and equity placing the subject in its modern context. This book mirrors the structure of a traditional trusts and equity course for ease of use during studies. It contains practical illustrations to show how the law operates. It gives examples to aid understanding of the technical areas
Author: Newberry Victory (Steamship)Publish On: 1953
Total Disbursements and Sacrifices A T N E W Y O R K $54.75 MORAN TOWING & TRANSPORTATION COMPANY W YORK, ... 20 $8,744, 44 Carried forward $7,519.57 Special Charges on Fire Damaged General Average Sodium Hydrosulphite Owners 198 ...
achieved, shall supply to the average adjuster full particulars of the recovery within two months of another expense general average and so allowed without regard to the saving, if any, to other interests, but only up to the amount of ...
Author: Francis Rose
Publisher: Taylor & Francis
An account of the underlying law and the practical rules which govern the adjustment of rights and liabilities between parties to a maritime adventure when extraordinary measures have been incurred for the benefit of the common adventure. The third edition incorporates international case law developments to bring the text up to date and analyses the revision of the basic practical rules underlying general average adjustment internationally. It is essential for all those involved with maritime affairs to understand the implications of these new rules and how they fit with existing law and practice.
And the Losses and Expenses Resulting from General Average Acts, Practically Considered Laurence R. Baily. Interests which are not made good do not contribute , and vice versa . have not been fixed at the intermediate port , a question ...
wrongly, whereas they do not prevent that measures which should be considered as general average cannot be apportioned for formal reasons only.23 The reasonableness requirement, however, is not included in all national general average ...
Author: Jolien Kruit
Publisher: Paris Legal Publishers Uitgeverij Paris
General average is considered to be one of the most uniformly regulated topics of maritime law. This study concludes that this perception is flawed. The invariably applicable York-Antwerp Rules do not provide a full regime, whereas their applicability is generally contractual only. As a result, questions arise as to which law applies to general average obligations, how the applicable national law is to be determined (taking into consideration the impact of the European Rome I and II Regulations), and what is provided in the national regimes. In addition, questions arise as to what the influence is of contractual provisions set out in contracts for the carriage of goods by sea and general average security forms, and how the various sources interact. This study contains an in depth assessment of these questions.
Adopted by the International Congress, Held at York, in England, September, 1864, Designed to Establish a Uniformity in the Mode of Adjusting General Averages in the Different Countries of the World. With an Appendix, Containing the ...
Even so, the laws of many Mediterranean countries continued to provide that there should be consultation between the master and members of the crew in order to justify making a sacrifice of propertyor engagingupon a general average act.
Author: Michael Harvey
Publisher: CRC Press
Written from the perspective of the Average Adjuster, this book is an essential read for practitioners in maritime law and marine insurance. The book contains: • Historical references regarding the establishment of GeneralAverage from Roman Law onwards • Establishment of the International rules: • The Glasgow Resolution 1860 • The York rules of 1864 • The York-Antwerp Rules 1877, 1890, 1924, 1950, 1974 & 1994 • The variation and changes to the text in 2004 but only those which had a significant effect • Why the 2004 changes were not universally adopted; and • General average security.
The Wages and Provisions of the crew are rejected from General Average . If the freight be insured , they are considered as a Particular Average on the freight , and are paid by the underwriters on freight , as in France .
to general average , although the general average may result from an act which has preserved it . It is further shown , that in all true general averages , the contract which the vessel is performing involves the necessity of the end in ...
Table 1 Definitions of varieties of Averages in the Low Countries (sixteenth century) Variety General Average Definition Deliberate damage for the common benefit, shared by all in the interest community Small or Common Average Ordinary ...
Author: Maria Fusaro
Publisher: Springer Nature
This open access book explores the history of risk management in medieval and early modern European maritime business, focusing particularly on 'General Average' – a mechanism by which extraordinary expenses regarding ship or cargo, incurred during a voyage to save the venture, are shared between all participants to protect equity. This volume traces the history of this risk management tool from its origins in the pre-Roman Mediterranean through to its use in the shipping sector today. Contributions range from the Islamic Mediterranean to the Low Countries, and taken together, provide a wide-ranging analysis of social, cultural, and political aspects of pre-modern maritime commerce in Europe.