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Refuge and Recovery in General Average

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Chapter Summary

Taking refuge is an act of self-preservation by a ship in distress. It is supported by the ancient maritime practice of general average, which favours the master's decision to seek safety in the face of peril on the seas rather than risk the ship and the voyage. The regime of general average imposes a different allocation of loss, namely a sharing of the loss amongst all the interests involved in the voyage. The discussion in this chapter about the operation of general average when a ship seeks a place of refuge proceeds on the basis that the York-Antwerp Rules, in their latest version, govern. The chapter identifies which kinds of losses will fall within general average when a ship's master makes a) sacrifices of property in distress and b) extraordinary expenditures, such as c) expenditures in seeking refuge, and d) expenditures in a place of refuge.

Keywords: general average regime; place of refuge; ship; York-Antwerp rules



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