Law report Essay Example | Topics and Well Written Essays - 750 words

Law report - Essay ExampleComplicating matters for the racing yacht owners and the master, Rule C goes on to state that Demurrage, sacking of market, and any loss or damage uphold or expense incurred by reason of delay, whether on the voyage or attendantly, and any indirect loss whatsoever, shall not be allowed as general total (York-Antwerp Rules, Rule C). It is therefore clear, that neither the master nor the yachts owners may claim as general reasonable runs, the alter sustained upon the masters discharge of the venture. However, this does not preclude general average bites. It only means that damages for delay and damages related to lost charters are exempted from general average acts. The damages sustained to the ship during the discharge are recoverable because, although those damages were sustained after the salvage operations were conducted they can still be regarded as direct emergence of the salvage operations under Rule A of the Antwerp Rules, 2004. ... foresee s that it is possible, then the subsequent slash does not break the chain of causation (Australian Coastal Shipping Commission v Green and Others, 357). In such a case, the subsequent accident is a direct consequence of the general average act and is claimable as a general average act. In this regard, having intended to carry the ship to Southampton, the master essential have contemplated that a change in those plans, following a fire would have incurred the risk of subsequent accidents. This is particularly so when the ship was placed on dry dock, which was not a part of the airplane pilot plans and certainly not in contemplation of the master. Now faced with the necessity of having to place a ship on an unplanned dry dock following a fire, the master must have passably foreseen that subsequent accidents were possible. Moreover, the yacht was placed on dry dock as a direct consequence of the fire damages incurred while on the original journey. Therefore, the damages sustained i n the course of act the rescue of the distressed ship was a continuation of the salvage operations and therefore the general average acts continued at that particular point. The owners may therefore claim general average acts in consider of the damages sustained during the masters discharge. The master however, is unable to claim special damages in respect of delay and loss of earnings as a result of the delay. This is because the concept of general average arises out of the imposed duty for all parties with an interest in a general average act to contribute to the cost of salvaging a distressed ship. The jurisprudence of general average acts function together with the law of salvage and sue and labour and culminate to regulate the act of saving (Mukherjee, 22). It is possible for