 | Great Britain. Commercial Court - Commercial law - 1900 - 500 pages
...the foundation of a general average claim is ordinarily not that of contract, but is founded upon a loss " which arises in consequence of extraordinary...incurred for the preservation of the ship and cargo" in the time of peril, and which " must be borne proportionately by all who are interested " : see per... | |
 | Law reports, digests, etc - 1903 - 836 pages
...upon the well-known passage in Lawrence, J.'s judgment in Birkl-ey v. Presgrave (ubi sup.), which is " All loss which arises in consequence of extraordinary...incurred for the preservation of the ship and cargo comes within general average, and must be borne proportionately by all who are interested." He argued... | |
 | Law reports, digests, etc - 1901 - 864 pages
...the foundation of a general average claim is ordinarily, not that of contract, but ia founded upon a loss which arises in consequence of extraordinary...incurred, for the preservation of the ship and cargo in the time of peril, and which must be borne proportionately by all who are interested : (see per... | |
 | Henry James Holthouse - Law - 1999 - 504 pages
...the common safety. It is said that all loss which arises in consequence of extraordinary sacrifices or expenses, incurred for the preservation of the ship and cargo, come within the description of general or gross average.—1 Park, on Ins. 160 to 201; 1 Star. Eq. Jur. 467; Birkley... | |
 | 256 pages
...recover at Common law general average contributions2. Lawrence, J. defines a general average loss as "all loss which arises in consequence of extraordinary...incurred, for the preservation of the ship and cargo," and this " must be borne proportionably by all who are interested6." Since then the law on the subject,... | |
 | Great Britain. Courts - Law reports, digests, etc - 1921 - 714 pages
...in time of peril for the purpose of preserving the property imperilled m the common adventure." АП loss which arises in consequence of extraordinary...incurred for the preservation of the ship and cargo comes within general average, and must be borne proportionately by all who are interested. But. in... | |
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All loss which arises in consequence of extraordinary sacrifices made, or expenses incurred, for the preservation of the ship and cargo comes within general average, and must be borne proportionately by all who are interested. 
