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The Law Relating to General and Particular Average

The Law Relating to General and Particular Average


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 Excerpt: ...1 See the Brigella 1893, Pp. 189. the proportion allocated to the cargo could not be recovered from the cargo-owners, and was therefore lost by them. There was a clause in the policy of insurance in these words: "General average and salvage charges payable according to foreign statement, or per York-Antwerp rules, if in accordance with the contract of affreightment." Nothing turned on salvage, nor on the YorkAntwerp rules. For the purposes, therefore, of that case the clause might have been read short thus: "General average payable according to foreign statement ." It is right and perfectly true to say that "a general average adjuster ought to exclude claims for partial losses not incurred for the benefit of more parties than one, and claims under the suing and labouring clause for saving the ship alone. But he must decide what expenses alleged to have been incurred for the benefit of both ship and cargo are to be treated as general average expenses and what are not, and expenses which are treated by him as general average expenses must be so treated not only as between the respective owners of ship and cargo, but also as between them and their respective underwriters. Expenses so treated cannot be treated as something else by those who have agreed to be bound by his decision." There is no authority for plaintiffs to assert that some of the items of expenditure (which have been rightly treated by the foreign adjuster, according to the particular foreign state where the adjustment took place, as general average charges), are particular average charges according to English law, and if there is such authority, obviously the result would be most unjust to the underwriters.1 An underwriter is liable for general average, so called, n...


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Product Details
  • ISBN-13: 9780217229173
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 42
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 0217229174
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 95 gr


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