LAW RELATING TO GENERAL

AND PARTICULAR AVERAGE

11

(FOR THE USE OF UNDERWRITERS

AND OTHER PERSONS)

BY

LAWRENCE DUCKWORTH

(OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW)

AUTHOR OF THE "LAW AFFECTING TRUSTEES IN BANKRUPTCY," "A COMPLETE
SUMMARY OF THE LAW RELATING TO THE ENGLISH NEWSPAPER

PRESS, "THE LAW AFFECTING THE TURF, BETTING AND
GAMING-HOUSES AND THE STOCK EXCHANGE,"

ETC.

LONDON

EFFINGHAM WILSON

ROYAL EXCHANGE

1900

[All rights reserved]

>

THE ABERDEEN UNIVERSITY PRESS LIMITED

PREFACE.

THIS Volume has been compiled for the convenience of Underwriters and other persons who desire to possess a concise statement of the law on the subject of Average.

I venture to hope that it may be found of use to them.

I am indebted to the courteous secretary of Lloyd's (Col. H. M. Hozier, C.B.), and to T. E. Bellen, Esq. (Secretary of the Liverpool Underwriters' Association), for their kindness in allowing me to make use of the matter contained in the Appendix.

LAWRENCE DUCKWORTH.

MIDDLE TEMPLE,

Oct., 1900.

CONTENTS.

PAGES

CHAPTER I.--The Expression "Average" a Foreign Word-Average

variously Defined-Term Average as used in a Contract of Marine

Insurance --The Two Kinds of Average (General and Particular)—

What General Average is for-General Average Loss to which Con-

tribution must be made-Liability of Goods saved Contribute

Proportionately - Parties to a Policy of Insurance: what they

Tacitly Agree to Do-Custom as to Loss Estimated at Two-thirds—

Liability of Insurers in Single Loss--Money Paid in Advance by a

Charterer-Object of Inserting the "Suing and Labouring" Clause

in a Policy of Marine Insurance-Marine Insurance Policy containing

Express Contract-Case of Randall v. Cochrane

CHAPTER II. -Lender upon Respondentia not Liable to Average

Losses-Case of the Bella Leandra-English Underwriters Bound

by Foreign Adjustment-English and American Law in reference to

General Average Loss or Contribution--Particular Average Loss or

Total Loss - English Policies must be Construed according to

English Rules of Construction-Underwriters and Merchant with

respect to Foreign Adjustment-General Average Adjustment—

Meaning of words "General Average" in ordinary English Policy-

Little Information on Question as to when Voyage Terminated at an

Intermediate Port-Where Adjustment is to take place at Port of

Ultimate Destination--Principle on which Loss to Individual is

Based-Question of value of Goods Jettisoned-Amount of Contri-

bution must depend upon Actual Value of Goods-English Contract

Governed by English Law--What Obligation to Contribute depends

on-Where Average to be Adjusted at Place of Destination-Jettison

where there are several Shippers whose Goods belong entirely to

Subjects of Country at which Ship has Arrived-Owner of British

Ship may avail himself of Statement of Average made in Foreign

Country-What a General Average Adjuster ought to Exclude-

What the words General Average as per Foreign Adjustment'

signify Assured not at liberty to Approbate or Reprobate with

respect to Foreign Adjustment

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