Escolar Documentos
Profissional Documentos
Cultura Documentos
Average
Average
Art 806 (1): All extraordinary or accidental expenses which
may be incurred during the voyage in order to preserve the
vessel, the cargo or both
Art 806 (2): Any damages or deteriorations which the vessel
may suffer from the time it puts to the sea from the port of
departure until it casts an anchor in the port of destination,
and those suffered by the merchandise from the time they
are loaded in the port of shipment until they are unloaded in
the port of their consignment
Technical maritime term
Extraordinary expense or accidental expense or
Just a damage or injury
General meaning: EXPENSE or INJURY
Why call it average?
o To distinguish it from a simple expense or damage
Why?
To determine who will bear such
damage
Expenses to preserve the vessel or cargo during the voyage
Average vs. Ordinary Expense
Average
All extraordinary or accidental
expenses which may be incurred
during the voyage in order to
preserve the vessel, the cargo or
both
Depends on what kind
Ordinary
Petty or ordinary expenses
shouldered by the ship owner i.e.
Pilot fee pilotage, anchorage,
lighterage (transferring cargo
between vessels of different
sizes),
certification
fees,
inspection fee
Loss borne by ship owner
Simple/Particular Loss
borne by person who
owns the property that
cause the damage or is
damaged
General/Gross Loss
borne by all those having
an interest in the vessel
and the cargo therein at
the
time
of
the
occurrence
of
the
average (contribute)
Kinds of average
Simple/Particular
Expense or damage cause to the vessel or cargo which did
not inure to the common benefit of all interested
Loss borne by person who owns the property that cause the
damage or is damaged
Examples
o Inherent defect in the cargo
o Damage in the vessel
o Wages, victuals or provisions in case of legitimate
embargo or detainment of the vessel if fixed
voyage (if monthly basis, GENERAL AVERAGE)
o There is a shipment from the us that is loaded to an
agricultural machinery shipped in a German vessel
to be delivered to Russia, while the vessel is
navigating a war broke out between Russia and
Germany. Who will pay for the provisions or the
salary of the crew while detained in the Philippines?
Particular Average shouldered by ship
owner
General/Gross
Deliberately caused in order to save the vessel, its cargo or
both from real and known risk
There must be a contribution by those who benefited from it
Deliberately made for the common good
Contribute in proportion to their interest to the owner of the
thing who suffered damage
Requisites of General Average
1. Common Risk/Danger
o Clear, imminent, certain
o Ex. A captain was sailing his vessel then he received
a text message from his girlfriend that she dreamt of
a big storm that will hit the vessel. The captain
started to throw away the cargo. Is the act valid to be
a general average?
No, based on speculation
Not certain or imminent
2. Deliberate Sacrifice
o Purpose: to save the cargo, vessel or interest
o Ex. Vessel had logs for cargo, because of the
movement it was inevitable that the logs would fall.
The logs fell and because of that the boat or the
vessel has stabilized. Now it has saved the rest of
the cargo. The owner of the logs, Mr. Gonzales, said,
you have to pay me because if it were not for my
logs then all of the cargo would have been lost.
General average?
No, not deliberate act of sacrifice
Jettison must be deliberate
3. Sacrifice must be successful
o Ex. Supposing the cargo was jettisoned and it saved
the rest of the cargos and the vessel. Amount of the
cargo jettisoned was 50M. Then the vessel
continued the voyage but the some of the cargo
were still lost yet some cargoes were still saved. Are
o No liability
o Each one will bear his own loss
Third Person at fault
o Third person shall be liable
o Hurricane
o Arrival in distress
o Collision
Exceptions for protest
o Person involved is not onboard
o Person in incapable of expressing his wishes
because of injuries sustained
o One vessel is not a maritime vessel