Last Updated：2022/12/24
Historically, the courts have allowed a general average claim only where the loss occurred as a result of the ship being in immediate peril. […] The court awarded the carrier the general average claim. It noted that “a ship′s master should not be discouraged from taking timely action to avert a disaster,” and need not be in actual peril to claim general average.
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Historically,
the
courts
have
allowed
a
general
average
claim
only
where
the
loss
occurred
as
a
result
of
the
ship
being
in
immediate
peril.
[…]
The
court
awarded
the
carrier
the
general
average
claim.
It
noted
that
“a
ship′s
master
should
not
be
discouraged
from
taking
timely
action
to
avert
a
disaster,”
and
need
not
be
in
actual
peril
to
claim
general
average.
