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
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