General Average
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A loss arising out of extraordinary sacrifices made, or extraordinary expenses Incurred, for the joint benefit of a ship and cargo.
Louisville Underwriters V. Pence, 93 Ky. 96, 19 S. W. 10, 40 Am. St. Rep. 176.
A general average clause in a bill of lading, that if the shipowner shall have exercised due diligence to make his ship seaworthy and properly manned, etc. (see Harter Act), the cargo shall contribute in general average with the shipowner, even if the loss result from negligence in navigation, is valid. Under the same circumstances, the cargo owners are ensacrifices of cargo for the common benefit of ship, cargo and freight subsequent to stranding; The Jason, 225 U. S. 32, 32 Sup. Ct. 560, 56 L. Ed. 969. The essence is that extraordinary sacrifices made and expenses incurred for the common benefit are to be borne proportionately by all lntere.sted; The Jason, 225 U. S. 32, 32 Sup. Ct 560, 56 L. Ed. 969. The Irrawaddy, 171 U. S. 187, 18 Sup. Ct 831, 43 L. Ed. 130, goes no further than to decide that while the Harter Act relieved the shipowner from liability for his servant’s negligence, it did not of its own force entitle him to share in a general average rendered necessary by such negligence; The Jason, 225 U. S. 54, 32 Sup. Ct. 560, 66 L. Ed. 969. See Average; Harter Act.