Legal Definitions - jactura

Jactura refers to a specific action in maritime law where cargo or property is intentionally sacrificed by being thrown overboard from a vessel. This drastic measure is taken to lighten the ship or otherwise save it and its remaining cargo from an imminent and severe peril, such as sinking, capsizing, or being destroyed. The term also encompasses the financial loss that results from such a sacrifice, which, under the principle of "general average," is typically shared proportionally among all parties whose property (including the ship itself and the remaining cargo) was saved by the act.

• Example 1: A large container ship, the Sea Serpent, encounters an unprecedented hurricane in the Atlantic. The vessel is taking on water rapidly, and its stability is severely compromised, putting the entire ship and crew at risk of sinking. To prevent this catastrophe, the captain orders the crew to jettison several heavy containers of non-essential construction materials overboard. This action successfully lightens the ship, allowing it to regain stability and eventually reach a safe harbor.

  How this illustrates jactura: The deliberate act of throwing the construction materials overboard to save the ship and the lives of the crew from sinking is an act of jactura. The financial loss incurred by the owner of the jettisoned materials would then be shared among all parties whose cargo and the vessel itself were saved by this necessary sacrifice.

• Example 2: While navigating through treacherous, ice-laden waters, a research vessel, the Polar Star, becomes trapped and is slowly being crushed by shifting ice floes. The captain determines that the only way to free the ship and prevent its complete destruction is to significantly reduce its weight. They decide to jettison several large, heavy scientific instruments and a portion of their fuel reserves, stored in external tanks, into the sea.

  How this illustrates jactura: The intentional discarding of the scientific instruments and fuel to save the vessel from being crushed by ice is an act of jactura. The financial value of these lost items constitutes the jactura that would be subject to a general average claim, meaning the cost would be distributed among the owners of the ship and the remaining valuable research equipment.

• Example 3: A freighter carrying various bulk commodities experiences a sudden and severe listing incident due to cargo shifting in heavy seas, threatening to capsize the entire vessel. To correct the dangerous tilt and stabilize the ship, the captain orders the crew to cut loose and jettison a significant quantity of iron ore from one of the ship's holds. This action successfully prevents the ship from overturning and allows it to reach port safely with the remaining cargo.

  How this illustrates jactura: The deliberate act of jettisoning the iron ore to save the entire vessel and its remaining contents from capsizing is a clear instance of jactura. The financial loss associated with the discarded iron ore represents the jactura that would be shared proportionally among all parties whose cargo and the ship itself were saved by this necessary sacrifice.