York Antwerp Rules
Page 219
CHAPTER 31
Rule XIX: Undeclared or Wrongfully Declared Cargo
Rule XIX: Undeclared or Wrongfully Declared Cargo
- (a) Damage or loss caused to goods loaded without the knowledge of the shipowner or his agent or to goods wilfully misdescribed at the time of shipment shall not be allowed as general average, but such goods shall remain liable to contribute, if saved.
- (b) Where goods have been wrongfully declared at the time of shipment at a value which is lower than their real value, any general average loss or damage shall be allowed on the basis of their declared value, but such goods shall contribute on the basis of their actual value.
History
31.01
The purpose of the Rule is to prevent a fraudulent shipper of goods from gaining at the expense of honest contributors in general average. There is no known English authority on the subject, although Arnould stated that there can be no claim to contribution in the case of a jettison of goods for which there is no bill of lading.1 However, in so saying, he was probably relying upon statements in the commercial codes of civil law countries.