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Lowndes & Rudolf: The Law of General Average and The York-Antwerp Rules, 13th Edition

Lowndes & Rudolf: The Law of General Average and The York-Antwerp Rules, 13th Edition

Lowndes & Rudolf: The Law of General Average and The York-Antwerp Rules, 13th Edition

Author: Julian Cooke; Richard Cornah
Publisher: Sweet & Maxwell U.K.
ISBN: 9781847030337
Published In: May 2008
Format: Hardback , 866 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

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Description
Contents

Details

First published in the 1870s, this leading work provides authoratitive insight and analysis. The latest edition:

Includes detailed section-by-section commentary on the recently revised York-Antwerp Rules
Explains underlying principles of each Rule, and the problems, which can arise in applying them, helping you understand the background and work towards practical solutions
Provides commentary on the obligations, rights and entitlements of the various parties
Discusses the various caused of action open to the parties and their effect on rights and liabilities
Gives an insight into the underlying principles and the application of the Rules as part of the process of managing a maritime casualty
Covers the enforcement of rights in a general average
Provides worked examples, so you can see how the law applies in practice
Offers an international perspective, including discussion of US and Commonwealth decisions
Contains useful forms, such as standard security documentation, saving you time in resourcing them elsewhere
Includes key reference materials such as the Rules of Practice of the Association of Average Adjusters
Includes maritime insurance clauses

Historical introduction

Origins of the law of general average
Basis of the right of general average
Continued need for general average

Some principles of the law of carriage by sea

The contract of carriage
Hague Rules and similar legislation
Carrier's obligation to incur general average expenditure
Obligations of charterer or shipper
General average sacrifice as a defence

History and development of the York-Antwerp Rules

The York-Antwerp Rules 1994/2004

Rule A -of general average
Rule B - Tug and tow
Rule C - Causation, consequences andthe environment
Rule D - Effect of fault
Rule E - Onus of proof
Rule F - Substituted expenses
Rule G - Valuation of losses and contributory values; non separation agreement
Rule I - Jettison of cargo
Rule II - Loss or damage by sacrifices for thesafety
Rule III - Extinguishing fire on shipboard
Rule IV - Cutting away wreck
Rule V - Voluntary stranding
Rule VI - Salvage remuneration
Rule VII - Damage to machinery and boilers
Rule VIII - Expense lightening a ship when ashore and consequent damage
Rule IX - Cargo, ships materials and stores used for fuel
Rule X - Expenses at port of refuge etc.
Rule XI - Wages and maintenance of crew
Rule XII - Damage to cargo in discharging etc.
Rule XIII - Deductions from cost of repairs
Rule XIV - Temporary repairs
Rule XV - Loss of freight
Rule XVI - Amount to be allowable for cargo lost or damaged by sacrifice
Rule XVII - Contributory values
Rule XVIII - Damage to ship
Rule XIX -if wrongfully declared cargo
Rule XX -of funds
Rule XXI -in losses made
Rule XXII -Treatment of cash deposits
Rule XXIII -Time bar for contributions to general average

Assessing and enforcing rights of contribution

The preparation of the adjustment
Enforcing rights of contribution

The currency of the adjustment rates of exchange and the problem of set-off

English law before 1974
Modern English law
Application of the modern law to general average
Determining the currency of the adjustment
Rates of exchange
Ascertaining currency of loss
The question of “set-off”

General average, insurers and recoveries

Claims on policies for general average losses
Rights of insurers on payment
Rates of exchange
General average clauses
Hull policy absorption clauses
Excess liabilities
Losses in excess of the insured value
Vessels in ballast
Differing codes of general average
Unrepaired general average damage
Constructive total loss
Recoveries from third parties

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