general average

that liability arises not from contract but from participation in the common venture... its extent in the absence of such limiting clauses is, under the admiralty rule, fixed by the law of the port of destination

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.

In commercial law. A contribution made by the proprietors in general of a ship or cargo, towards the loss sustained by any individual of their number, whose property has been voluntarily sacrificed for the common safety; as where, in a storm, jettison is made of any goods, or sails or masts are cut away levandae navis causa, (to lighten the vessel.) 2 Steph. Comm. 179. The term expresses that contribution to a loss or expense voluntarily incurred for the preservation of the whole, in which all who are concerned in ship, freight, and cargo are to bear an equal proportion. 4 Mass. 548.

In commercial law. A contribution made by the proprietors in general of a ship or cargo, towards the loss sustained by any individual of their number, whose property has been voluntarily sacrificed for the common safety; as where in a storm, jettison is made of any goods, or sails or masts are cut away levanda navis causA, (to lighten the vessel.) 2 Steph, Com, 179. See Average.