Legal Definitions - levandae navis causa

Levandae Navis Causa is a principle in maritime law that refers to the intentional act of sacrificing a portion of a ship's cargo, equipment, or even parts of the vessel itself, by throwing it overboard. This extreme measure is undertaken to lighten the ship or otherwise mitigate an immediate and severe peril, such as a violent storm, fire, or grounding, thereby saving the ship and the remaining cargo from total destruction. When such a sacrifice is made for the common safety of the entire maritime venture, the owner of the jettisoned property is entitled to receive proportional compensation from all other parties whose property was saved as a result. This concept is a fundamental aspect of "general average," where losses incurred for the common good are shared by all beneficiaries.

• Example 1: Stabilizing a Ship in a Hurricane

  Imagine a large container ship traversing the Pacific Ocean when it unexpectedly encounters a super-typhoon. The vessel begins to list dangerously, threatening to capsize and sink, which would result in the complete loss of all cargo and endanger the crew. To prevent this catastrophic outcome, the captain makes the difficult decision to jettison several containers of less valuable, non-essential goods, such as plastic toys and bulk textiles, by pushing them overboard. This action successfully lightens the ship, allowing it to regain stability and safely navigate through the storm, ultimately saving the more valuable cargo (like electronics and pharmaceuticals) and the ship itself.

  Explanation: The deliberate jettisoning of the plastic toys and textiles is an act of levandae navis causa. It was a calculated sacrifice of specific cargo to ensure the survival of the entire maritime venture. The owner of the jettisoned goods would be compensated by the owners of the saved electronics and pharmaceuticals, as well as the ship owner, because their property was preserved due to this necessary sacrifice.

• Example 2: Containing a Fire on Board

  Consider a cargo vessel carrying a diverse range of goods, including flammable chemicals and valuable machinery. A fire breaks out in one of the holds containing less critical, bulk agricultural products. Despite the crew's initial efforts, the fire threatens to spread rapidly to adjacent holds containing the highly flammable chemicals and expensive machinery, risking an explosion or total loss of the ship. To create a firebreak and prevent the blaze from engulfing the entire vessel, the captain orders the immediate jettison of the burning agricultural products and some adjacent, non-burning but exposed cargo. This action allows the crew to contain the fire and save the rest of the ship and its high-value contents.

  Explanation: The intentional throwing overboard of the agricultural products, even those not yet on fire, constitutes levandae navis causa. This sacrifice was made to prevent a greater disaster and save the more valuable parts of the venture. The owner of the jettisoned agricultural products would be entitled to compensation from the owners of the chemicals and machinery, and the ship owner, as their property was saved by this decisive action.

• Example 3: Refloating a Grounded Bulk Carrier

  A large bulk carrier, fully loaded with iron ore, accidentally runs aground in a shallow, narrow shipping channel. The ship is stuck fast, blocking navigation, and its hull is under immense stress, risking a catastrophic breach if it remains in place. After unsuccessful attempts to pull the vessel free with tugboats, the captain determines that the only way to refloat the ship and prevent it from breaking apart is to significantly lighten its load. Consequently, a substantial portion of the iron ore is pumped overboard into the sea. This reduction in weight allows the tugboats to successfully pull the carrier free, saving the ship and the remaining cargo.

  Explanation: The deliberate discharge of a portion of the iron ore is an act of levandae navis causa. It was a necessary sacrifice of part of the cargo to save the entire ship and the rest of its contents from total loss due to grounding and potential structural failure. The owner of the jettisoned iron ore would be compensated by the ship owner and the owner of the remaining ore, as they all benefited from this sacrifice.