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COMMERCE
WHAT ARE THE ACCIDENTS IN MARITIME COMMERCE?
A. Averages
B. Arrival Under Stress
C. Collision (Allision)
D. Shipwreck
AVERAGES
Arts. 806-818 of the Code of Commerce
Sec 1- Proof and Liquidation of Averages
Sec 2- Liquidation of Gross Averages
Sec 3- Liquidation of Ordinary Averages
AVERAGES
Is a loss or damage accidentally happening to a vessel or to
its cargo during a voyage. Also, a small duty paid to masters of
ships, when goods are sent in another mans ship, for their care of
the goods, over and above the freight. (Black law Dictionary, 6 th
ed.).
AVERAGES MAY CONSIST OF:
1. Expenses to the carrier
Requisites:
a. Such must be extraordinary or accidental;
b. Incurred during the voyage; and
c. such must be incurred to preserve the vessel or
cargo, or both.
(Art 806, par1)
2. Damages or Deterioration
Requisites:
a. Such must have been suffered from the time the
vessel puts
to sea from the port of departure until it
casts anchor in the port of
destination; and
b. Such must have been suffered by the goods
from the time they
are loaded in the port of shipment until
they are unloaded in the port
of consignment. (Art 806,
par2)
CLASSIFICATION OF AVERAGES
1. SIMPLE OR PARTICULAR AVERAGES
-Include all damages or expenses caused to the vessel
or cargo that did not inure to the common benefit. (Art 809)
-Damages or expenses that are to be borne ONLY by the
owner of the things which gave rise to the same. ( Art 810)
EFFECT: No Reimbursement
2. GENERAL OR GROSS AVERAGES
-Include all damages or expenses deliberately caused in
order to save the vessel, its cargo or both from real and known
risk. (art 811)
-Being for the common benefit, gross/general averages
are to be borne by all person having an interest in the vessel and
cargo at the time of the occurrence of the average. ( Art 812)
EFFECT: The person who incurred the damage/expense
can ask reimbursement from those who benefited, which of
course, may include the ship owner.
Article 809 and 811 enumerate certain cases in
classifying averages into simple or particular and general or
gross.
NOTE:
3.
The resolution shall be entered in the logbook, with the
reasons and motives and the votes for and against the resolution;
4. The minutes shall be signed by the parties; and
5. Within 24 hours upon arrival at the 1 st port the captain makes,
he shall deliver one copy of the minutes to the maritime judicial
authority thereat. (Arts 813 and 814)
DISTINCTIONS BETWEEN GENERAL AVERAGES AND
PARTICULAR AVERAGES
GENERAL AVERAGE
PARTICULAR AVERAGE
All
those
who
have Only the owner of the goods
benefited shall satisfy the benefiting from the damage
average.
shall bear the expense of
average.
OVERSEAS TRADE
INTER-ISLAND TRADE
The
York-Antwerp
Rules The York- Antwerp Rules
prohibit the loading of cargo allow deck cargo.
on deck.
In case the cargo is jettisoned,
the owner will not be entitled
to reimbursement in view of
the violation.