Legal Definitions - jactus mercium navis levandae causa

jactus mercium navis levandae causa

This Latin phrase translates to "the throwing of goods into the sea for the purpose of lightening the ship." It refers to the legal principle of jettison, a concept originating in Roman law and still relevant in modern maritime law. It describes the deliberate act of sacrificing a portion of a ship's cargo or equipment by throwing it overboard to save the vessel, its crew, or the remaining cargo from a greater peril, such as sinking during a storm or running aground.

Here are some examples illustrating this principle:

• Imagine a large container ship caught in an unexpected, violent storm. The ship begins to list dangerously, and the captain determines that the vessel is at imminent risk of capsizing, which would result in the loss of all cargo and potentially the crew's lives. To stabilize the ship and prevent a total disaster, the captain orders several containers holding less critical or less valuable goods to be pushed overboard. This intentional act of discarding specific cargo to lighten the ship and save the rest of the vessel and its contents is an example of jactus mercium navis levandae causa.

• Consider a fishing trawler that has made an exceptionally large catch. While returning to port, the boat encounters unexpectedly rough seas and begins to take on water rapidly, becoming dangerously heavy and unstable. To prevent the vessel from sinking and to ensure the safety of the crew, the captain makes the difficult decision to dump a significant portion of the fish back into the ocean. This action, taken specifically to lighten the boat and avert a complete loss, demonstrates the principle of jactus mercium navis levandae causa.

• A small cargo vessel, carrying a mix of machinery and perishable goods, suffers a critical engine failure in shallow, rocky waters during a strong gale. The ship is drifting perilously close to the shore, and there's a high risk of it running aground and breaking apart. To reduce the ship's draft and increase its buoyancy, hoping to either clear the rocks or make it easier for a rescue tug to pull it to safety, the crew jettisons several heavy, non-essential pieces of machinery. This deliberate sacrifice of some cargo to lighten the ship and prevent a more severe loss is an application of jactus mercium navis levandae causa.