Having discussed the essential features of general average it is now suitable to examine the detailed York-Antwerp Rules dealing with sacrifice and expenditure. It will be remembered that these are the numbered Rules, which according to the Rule of Interpretation, take importance over the lettered Rules where any conflict arises.
Sacrifice usually involves the jettison of cargo or parts of the vessel, deliberate damage to the ship or its cargo in the efforts used to put out a fire, e.g. pouring water into the ship’s holds or compartments, or destruction of a bulkhead to get to the base of the fire; or damage sustained to the vessel or her machinery in endeavoring to refloat following stranding. As we have also seen, circumstances may arise when cargo or ship’s materials are burnt as fuel.
A useful example which can be related concerned a serious fire, in the main holds or compartments of a vessel, which struggled all efforts of the master and crew to extinguish it. In their efforts to pump in water it became increasingly obvious that air was boosting the fire.
Expenditure can relate to the cost of tugs used in refloating a stranded vessel, or the expenses incurred in lightening a vessel with the use of barges. The most common form of expenditure, however, is that consequent on resort to a port of refuge, and it is with these expenses that a departure from the basic concepts of general average seems to have grown up. Certainly the York-Antwerp Rules are more liberal.
On the other hand, when a vessel resorted to a port of refuge because she was leaking dangerously, and necessarily had to remove her cargo to carry out repairs, only the costs of entering
the port and of discharging her cargo were agreed This case was distinguished from a court’s decision in which it was said the law had favored the inclusion of certain expenses as being in consequence of a general average sacrifice. Practical effect is given to these decisions in Rules of Practice Nos. F8 and F9, but since the York-Antwerp Rules render them of academic interest they are only mentioned for the sake of good order.
Instead we shall concentrate on the York-Antwerp Rules, referring to English law and practice when this becomes relevant, as all Marine Insurance Clauses referring to English Law & Practice. It will at once become obvious that, under the international code, wages and maintenance of crew are allowable in general average, although these have always been considered by our Courts as additional expenses brought about by delay. In order to get to grips with the problems associated with port of refuge expenses, therefore, it is expedient to consider Rules X and XI together, since their provisions are very much dependent one upon the other.
