Maritime law. Determination of the accident and its symptoms

Maritime law. Determination of the accident and its symptoms

Average – it is a legal fact, manifested in the loss incurred as a result of plans made and reasonable extraordinary expenses or donations in order to save the ship, freight and cargo carried on board of their common danger.

The essence of the general average is that, to maintain a (ship, cargo, freight) sacrificed part of the whole or of expenditure, the purpose of which – to save the property from the dangers threatening him, that is, current actions to eliminate the risk in the mutual interests of the vessel, cargo and freight.

Average – partial damage that occurs as a result of actions taken to preserve all marine company from ruin. So – is the damage occurring as a result of voluntary renunciation of the vessel’s hull or part of the goods made to salvage the ship, and also because of the cost of ensuring the protection of the ship and the rest of the cargo from the effects of their common danger.

In the event that the measures taken were successful, all with losses incurred shall be reimbursed on a pro rata basis among all parties enterprise, including parties whose interests have been affected by the onset of the loss in the first place. General average spread between the ship, freight and cargo in proportion to their value.

Total accident can occur only if all of the following symptoms:

  • presence of the general safety of the vessel and cargo freight
  • driven by the reality and seriousness;
  • intentional nature of the expenditure and donations
  • loss must be incurred going, not appearing due to accidental causes;
  • reasonable nature of expenses or donations, loss or expense incurred to justify the situation. Causing smaller losses or expenses is designed to prevent the emergence of a large scale;
  • extraordinary expenses or donations
  • expenses and donations should be extreme, ie those that do not normally occur in an atmosphere of normal navigation in normal conditions, they have to wear unusual, extraordinary.

Typical cases of general average are:

  • The disposal into the sea of ??cargo, or of the ship;
  • extinguishing a fire on board the ship;
  • deliberate vessel grounding;
  • expenses incurred in order to obtain assistance;
  • docked at the port of refuge;
  • damage to machinery and boilers.