Jettison of deck cargo in a general average act -cargo ships guideline
Jettison of Deck Cargo - of the York-Antwerp Rules 1994 provides that:
“No jettison of deck cargo shall be made good as general average unless such cargo is carried in accordance with the recognised custom of the trade.” This means that where there is a general average act (e.g. of jettisoning cargo to save the ship, other cargo, etc.) but the jettisoned cargo is not of a type customarily carried on deck (i.e. not timber, logs, containers on a purpose-built container ship, etc.) the cargo owner will have no claim under the York-Antwerp Rules to a general average contribution from the other parties to the adventure.
Where the jettisoned deck cargo was being carried in accordance with the recognised custom of the trade, however, as in the case of containers on a purpose-built container ship or logs on a purpose-built log carrier, the cargo owner will have a claim to general average contributions from the other parties to the adventure. He will also have a claim if the cargo had been carried on deck with the consent of all the other parties to the adventure.
Where jettisoned cargo had been wrongfully stowed on deck
Where jettisoned deck cargo had been stowed on deck without the shipper’s consent or knowledge, the shipowner, apart from being liable for breach of contract, will be totally liable to the goods owner.
Where deck cargo has been saved by a general average act
Where deck cargo is saved by a General Average act (e.g. by the refloating of a grounded ship), the owner of the deck cargo is liable to make a General Average contribution along with the other parties to the adventure who have benefited by the General Average act. Carriers usually underline this in an express statement in their bills of lading.
P&I club advice regarding carriage of deck cargo at sea
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Defining various types of bill of lading
Problem of clean bill of lading
Function of Mate’s receipts and tallies
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