Legal Definitions - Jason clause

The Jason clause is a standard provision found in maritime shipping contracts, known as bills of lading. It addresses a specific situation related to "general average," a fundamental principle in maritime law.

To understand the Jason clause, it's helpful to first understand general average. General average is a principle where all parties involved in a sea voyage – the ship owner and the owners of the cargo – proportionally share losses and expenses intentionally incurred to save the entire venture (the ship and all remaining cargo) from an imminent, common peril. For example, if cargo is deliberately thrown overboard to lighten a sinking ship, the value of that lost cargo is shared by everyone whose property was saved.

Normally, if a peril (like a fire or grounding) that necessitated a general average sacrifice was caused by the ship owner's negligence, the ship owner might not be able to claim contributions from the cargo owners. However, certain maritime statutes often exempt carriers from liability for specific types of negligence, such as errors in navigation or the management of the ship. The Jason clause steps in here: it requires cargo owners to still contribute to general average even if the peril was caused by the carrier's negligence, provided that negligence is one for which the carrier is legally exempt from liability by statute. Essentially, it ensures that the financial burden of saving the voyage is shared, even if the ship owner's crew made a mistake that is legally excused.

Here are some examples illustrating how the Jason clause applies:

• Example 1: Navigation Error

  A large container ship, carrying various types of goods, encounters a severe storm. Due to a momentary lapse in judgment by the ship's captain (a navigation error), the vessel veers slightly off course, leading it into shallower waters where it runs aground. To refloat the ship and save the remaining cargo, some non-essential cargo must be jettisoned, and expensive tugboats are hired. The bill of lading for all cargo includes a Jason clause.

  How it illustrates the Jason clause: The captain's navigation error is a form of carrier negligence. However, maritime statutes often exempt carriers from liability for such errors. Because of the Jason clause, even though the ship owner's employee (the captain) was negligent, the cargo owners whose goods were saved would still be required to contribute their share to the general average costs (the value of the jettisoned cargo, tugboat fees, etc.) because the carrier's negligence is statutorily excused.

• Example 2: Engine Room Management Oversight

  A bulk carrier experiences a critical engine malfunction at sea, not due to faulty equipment, but because of an oversight by the engineering crew during routine maintenance (an error in the management of the ship). To prevent a complete breakdown and potential sinking, the crew must activate an emergency fire suppression system, which, while saving the ship, damages some sensitive cargo in an adjacent hold. The ship's contract of carriage contains a Jason clause.

  How it illustrates the Jason clause: The engineering crew's oversight constitutes negligence in the management of the ship. Under certain maritime laws, carriers are exempt from liability for such errors. The Jason clause ensures that despite this negligence, the owners of the undamaged cargo must still contribute to the general average, covering the cost of the damaged cargo and any other expenses incurred to save the vessel and the rest of its contents.

• Example 3: Improper Stowage Leading to Shifting Cargo

  A car carrier is on a transatlantic voyage when, during heavy seas, a section of its cargo shifts dangerously due to improper securing by the crew during loading (an error in the management of the ship). This shift causes the ship to list severely, threatening to capsize. To correct the list and save the vessel, the captain orders some of the cars to be pushed overboard. The shipping contract includes a Jason clause.

  How it illustrates the Jason clause: The crew's failure to properly secure the cargo is an act of negligence in the management of the ship. If this type of negligence is covered by statutory exemptions for the carrier, the Jason clause would compel the owners of the remaining cars to contribute to the general average, sharing the financial loss of the jettisoned vehicles, even though the carrier's crew was at fault for the initial improper stowage.