General average : a comprehensive study

Abstract

The aim of this work is to give, as concisely as possible, an account of the law and practice of general average, and at the same time to highlight and deal with any inconsistencies that may exist in this complicated area of shipping law. Like most legal principles, general average developed to a great degree during the last two Centuries. Its development, it appears, was effected through the introduction of a set of Rules which governed, as closely as possible, any related issues, and which Rules were incorporated in most contracts of affreightment. Though this evolution, from an equity based principle to a contractually based one, was desirable for practical reasons, it seems that it has left some doubts in the minds of the courts, as to the manner of its interpretation. Consequently, this has caused some confusion, since such a contractually based principle should be interpreted by reference to an equity based principle. Furthermore, the inclusion of salvage in general average, by way of Rule VI of the York-Antwerp Rules 1974, did not contribute towards the legal clarification of general average; a principle under the process of development at that time. It is the object of this study to identify any existing and potential difficulties under general average and the legal issues pertaining it. At the same time, some viable proposals will be put forward, towards the resolution of such difficult issues which are still inadequately dealt with by the present legal regime.

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