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12 LIABILITY AND RISKS IN GENERAL AVERAGE

Modern Maritime Law Volume 2: Managing Risks and Liabilities

12

LIABILITY AND RISKS IN GENERAL AVERAGE

1 INTRODUCTION

This chapter provides a concise overview1 of the principles applicable to general average (GA). It considers construction of the York-Antwerp Rules (YAR) and the elements of GA, situations in which it arises, including whether ransom payments to pirates for the release of the ship are legal, causation issues, effect of fault and situations where there will be no liability for GA, including recent court decisions when a ship encounters the risk of piracy attack, deviation from route and the master’s entitlement to disobey charterers’ orders, accidents caused due to unseaworthiness or shipment of dangerous goods, issues of GA security and time bar for GA claims.

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