CONTESTATION IN GENERAL AVERAGE
The principle of general average has been the subject of considerable dissatisfaction in recent years for six main reasons:- 1) Exoneration of carriers for faults of the crew-- Hague rules, Hague/Visby rules, York-antwerp rules say that carrier should be exempted from liability for their own negligence. However same rules say cargo owners/shippers are responsible for their faults and fault of their employees. This causes considerable ill feeling. 2) The interpretation rule-- The second complaint regarding general average arises from interpretation rule, which gives the numbered rules precedence over the lettered rules. 3) Emergence of marine insurance-- The third complain regarding general average has arisen because of the emergence of insurance and marine insurance, which has made general average redundant. In fact, because of the risk involved in general average, all parties now insure again...