York Antwerp Rules 1994

Question 1

RULE A – General Average Defined

Answer 1

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 a common maritime adventure.
General average sacrifices and expenditures shall be borne by the different contributing interests on the basis hereinafter provided.

Question 2

RULE C – Includes and Excluded losses

Answer 2

Only such losses, damages or expenses which are the direct consequence of the general average act shall be allowed as general average.

In no case shall there be any allowance in general average for losses, damages or expenses incurred in respect of damage to the environment or in consequence of the escape or release of pollutant substances from the property involved in the common maritime adventure.

Demurrage, loss of market, and any loss or damage sustained or expense incurred by reason of delay, whether on the voyage or subsequently, and any indirect loss whatsoever, shall not be admitted as general average

Question 3

RULE D – Remedies and Defences

Answer 3

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 or defences which may be open against or to that party in respect of such fault.

Question 4

RULE F – Substituted expenses

Answer 4

Any additional 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 without regard to the saving, if any, to other interests, but only up to the amount of the general average expense avoided.

Question 5

General average sacrifices of ship / cargo

Answer 5

Damage to vessel and machinery through efforts to refloat.
Loss of or damage to cargo through jettison or forces discharge.
Damage to ship or cargo due to efforts to exstinguish the fire
Use of CO2 / exstinguishers
Damage by beaching / scuttling a ship ie on fire
Damage to machinery in efforts to refloat
Damage caused by intentionally running ship ashore for common safety

Question 6

General average expenditure incurred for the common safety

Answer 6

Salvage expenses allowed provided were carried out for the purpose of preserving from peril the property involved in the common maritime adventure