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Simple English definitions for legal terms
Jason clause
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A quick definition of Jason clause:
A Jason clause is a rule in maritime law that requires all parties involved in a commercial voyage to contribute towards a loss sustained by some of the parties for the benefit of all, even if the loss was caused by the carrier's negligence. This clause is named after a Supreme Court case that upheld its enforceability. General average is a type of loss resulting from an intentional partial sacrifice of ship or cargo to avoid total loss, and the liability is shared by all parties who had an interest in the voyage. On the other hand, particular average is a loss resulting from an accidental partial loss or damage, and the liability is borne solely by the person who suffered the loss.
A more thorough explanation:
The Jason Clause is a term used in maritime law. It refers to a clause in a bill-of-lading that requires contribution in general average, even if the peril that caused the sacrifice was due to the carrier's negligence. This means that all parties involved in a commercial voyage, whether for vessel or cargo, must contribute towards a loss sustained by some of the parties for the benefit of all, even if the carrier is otherwise exempt from liability by statute.
The clause is named after the Supreme Court case that upheld its enforceability, The Jason, which was decided in 1912.
For example, if a ship carrying cargo encounters a peril that threatens the entire voyage, the captain may decide to intentionally sacrifice some of the cargo to avoid total loss. In this case, the loss becomes "general," meaning that it is spread ratably among all the parties involved in the maritime adventure, including the cargo owners and the carrier. The Jason Clause would require the carrier to contribute towards the loss, even if the peril was caused by their negligence.
Another example would be if a carrier fails to properly secure the cargo, causing it to shift and damage other cargo during the voyage. If the damaged cargo must be sacrificed to avoid total loss, the Jason Clause would require the carrier to contribute towards the loss, even though their negligence caused the peril.