| The York Antwerp Rules and General Average Exercise Please refer to the York Antwerp Rules posted on this web site. Please determine whether the following IS or IS NOT a general average sacrifice or expenditure. In all cases, consider the vessel to be under a charter party governed by the York Antwerp (YA) Rules for general average (GA ) purposes. The vessel is laden with cargo. The sacrifice or expenditure is a success and the vessel and cargo are saved. 1. The vessel runs aground accidentally. There is damage to the vessel due the grounding. There is also damage to the vessel arising out of efforts to refloat her. Is there a G.A. Which Y.A. Rule will you rely on? 2. A vessel is intentionally grounded to avoid sinking. However, it appears that she would have been forced aground anyway by the wind. There is hull damage. Is there a G.A. Explain. Which Y.A. Rule can you refer to? 3. A vessel catches fire. Efforts made to extinguish the fire with seawater cause damage to the nearby cargo. Is there a G.A.? Which Y.A. Rule? Suppose the firefighting efforts caused heat and smoke damage only to the cargo. GA or no GA? 4. A vessel calls at a port of refuge to avoid a hurricane. What types of expenses might the shipowner seek as G.A.? Name the Y.A. Rule. 5. A vessel is sinking. The Master orders some cargo thrown overboard to lighten the vessel. Some of the cargo that is thrown overboard drifts aft and damages the vessel’s propeller. The vessel and her remaining cargo are indeed saved. Is there a G.A.? Can you name the sacrifices / expenses that are subject to G.A. contributions? Which Y.A. Rules can you cite as authority? 6. Under what circumstances may crew overtime expenses be included by a shipowner as a G.A. expense, allowing the shipowner to recover a pro rata share of these crew expenses from cargo interests, charterers etc. ? Again, please cite a YA Rule. 7. Under what circumstances will the excessive use of the vessel’s machinery to avoid a peril not be considered a G.A. sacrifice? Please cite the rule. |
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