FREE BOOKS

Author's List




PREV.   NEXT  
|<   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236  
237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   >>   >|  
his form of the word being due to a contraction into "arage." (2) The second word, which represents the modern usages, is also uncertain in its derivation, but corresponded with the Fr. _avarie_, and was early spelt "averays," recurring also as "avaria," "averia," and meaning a certain tax on goods, and then more precisely in maritime law any charge additional to "freight" (see AFFREIGHTMENT), payable by the owner of goods sent by ship. Hence the modern employment of the term for _particular_ and _general_ average (see below) in marine insurance. The essential of equitable distribution, involved in this sense, was transferred to give the word "average" its more colloquial meaning of an equalization of amount, or medium among various quantities, or nearest common rate or figure. (For a discussion of the etymology, see the _New English Dictionary_, especially the concluding note with reference to authorities.) _In Shipping._--Average, in modern law, is the term used in maritime commerce to signify damages or expenses resulting from the accidents of navigation. Average is either _general_ or _particular_. General average arises when sacrifices have been made, or expenditures incurred, for the preservation of the ship, cargo and freight, from some peril of the sea or from its effects. It implies a subsequent contribution, from all the parties concerned, rateably to the values of their respective interests, to make good the loss thus occasioned. Particular average signifies the damage or partial loss happening to the ship, goods, or freight by some fortuitous or unavoidable accident. It is borne by the parties to whose property the misfortune happens or by their insurers. The term average originally meant what is now distinguished as general average; and the expression "particular average," although not strictly accurate, came to be afterwards used for the convenience of distinguishing those damages or partial losses for which no general contribution could be claimed. Although nothing can be more simple than the fundamental principle of general average, that a loss incurred for the advantage of all the coadventurers should be made good by them all in equitable proportion to their stakes in the adventure, the application of this principle to the varied and complicated cases which occur in the course of maritime commerce has given rise to many diversities of usage at different periods and in different countries. It is soon d
PREV.   NEXT  
|<   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236  
237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   >>   >|  



Top keywords:

average

 

general

 

freight

 

maritime

 
modern
 

equitable

 

incurred

 

parties

 
partial
 

principle


contribution
 
Average
 

commerce

 

damages

 

meaning

 

insurers

 

misfortune

 

property

 

originally

 

strictly


accurate
 

expression

 

accident

 

distinguished

 

happening

 

respective

 
interests
 
values
 

rateably

 
concerned

contraction

 

fortuitous

 
damage
 

signifies

 

occasioned

 
Particular
 
unavoidable
 

distinguishing

 

complicated

 

adventure


application

 

varied

 

countries

 
periods
 

diversities

 
stakes
 

proportion

 

claimed

 

Although

 
losses