Rule 1.-Jettison of Deck Cargo. No jettison of deck cargo shall be made good as general average. Every structure not built in with the frame of the vessel shall be considered to be a part of the deck of the vessel. York-Antwerp Rules, 1924. Drafted at the Stockholm Conference of the International Law Association. Rule A. There is a General Average Act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in common maritime adventure. Rule B. General average sacrifices and expenses shall be borne by the different contributing interests on the basis hereinafter provided. Rule C. Only such damages, losses or expenses which are the direct consequence of the General Average Act shall be allowed as general average. Damage or loss sustained by the ship or cargo through delay on the voyage, and indirect loss from the same cause, such as demurrage and loss of market, shall not be admitted as general average. Rule D. Rights to contribution in general average shall not be affected though the event which gave rise to the sacrifice or expenditure may have been due to the fault of one of the parties to the adventure; but this shall not prejudice any remedies which may be open against that party for such fault. Rule E. The onus of proof is upon the party claiming in general average to show that the loss or expense claimed is properly allowable as general average. Rule F. Any extra expense incurred in place of another expense which would have been allowable as general average, shall be deemed to be general average and so allowed, but only up to the amount of the general average expense avoided. Rule G. General average shall be adjusted as regards both loss and contribution upon the basis of values at the time and place when and where the adventure ends. This rule shall not affect the determination of the place at which the average statement is to be made up. Rule I.-Jettison of Cargo. No jettison of cargo shall be made good as general average, unless such cargo is carried in accordance with the recognised custom of the trade. Rule II.-Damage by Jettison and Sacrifice for the Common Safety. Damage done to a ship and cargo, or either of them, by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, shall be made good as general average. Rule III.-Extinguishing Fire on Shipboard. Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be made good as general average; except that no compensation shall be made for damage to such portions of the ship and bulk cargo, or to such separate packages of cargo, as have been on fire. Rule IV-Cutting away Wreck. Loss or damage caused by cutting away the wreck or remains of spars, or of other things which have previously been carried away by sea peril, shall not be made good as general average. Rule V-Voluntary Stranding. When a ship is intentionally run on shore, and the circumstances are such that if that course were not adopted she would inevitably sink, or drive on shore or on the rocks, no loss or damage caused to the ship, cargo, and freight, or any of them, by such intentional running on shore shall be made good as general average. But in all other cases where a ship is intentionally run on shore for the common safety, the consequent loss or damage shall be allowed as general average. Rule VI.-Carrying Press of Sail-Damage to or Loss of Sails. Damage to or loss of sails and spars, or either of them, caused by forcing a ship off the ground or by driving her higher up the ground, for the common safety, shall be made good as general average; but where a ship is afloat, no loss or damage caused to the ship, cargo, and freight, or any of them, by carrying a press of sail, shall be made good as general average. Rule VII.-Damage to Engines in Refloating a Ship. Damage caused to machinery and boilers of a ship, which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in general average, when shewn to have arisen from an actual intention to float the ship for the common safety at the risk of such damage. Rule VIII.-Expenses Lightening a Ship when Ashore, and Consequent Damage. When a ship is ashore and, in order to float her, cargo, bunker coals, and ship's stores, or any of them are discharged, the extra cost of lightening, lighter hire, and reshipping (if incurred), and the loss or damage sustained thereby, shall be admitted as general average. Rule II.-Damage by Jettison and Sacrifice for the Common Safety. Unaltered. Rule III.-Extinguishing Fire on Shipboard. Unaltered. Rule IV.-Cutting away Wreck. Rule V.-Voluntary Stranding. When a ship is intentionally run on shore, and the circumstances are such that if that course were not adopted she would inevitably drive on shore or on rocks, no loss or damage caused to the ship, cargo and freight or any of them by such intentional running on shore shall be made good as general average. But in all other cases where a ship is intentionally run on shore for the common safety, the consequent loss or damage shall be allowed as general average. Rule VI.-Carrying Press of Sail-Damage to or Loss of Sails. Unaltered. Rule VII.-Damage to Engines in Refloating a Ship. Damage caused to machinery and boilers of a ship which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in general average, when shown to have arisen from an actual intention to float the ship for the common safety at the risk of such damage; but where a ship is afloat no loss or damage caused by working the machinery and boilers shall be made good as general average. Rule VIII.-Expenses Lightening a Ship when Ashore, and Consequent Damage. When a ship is ashore and cargo and ship's fuel and stores or any of them are discharged as a General Average Act, the extra cost of lightening, lighter hire and re-shipping (if incurred) and the loss or damage sustained there by shall be admitted as general average. |