Shipping / Transportation Law

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

Edited by Julian Cooke · Richard Cornah
Sweet & Maxwell U.K. May 2008

Specifications

ISBN-13
9781847030337
Publisher
Sweet & Maxwell U.K.
Publication
May 2008
Format
Hardback , 866 pages
Jurisdiction
International ? Countri(es) for reference only

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

Table of Contents

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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