Legal Definitions - partial average

Partial average, also known as particular average, refers to a specific type of loss or damage that occurs to a ship or its cargo during a maritime voyage. Unlike a "general average" loss, which is intentionally incurred for the common safety of the entire venture and shared proportionally by all parties, a partial average loss is accidental and affects only a specific part of the ship or a particular consignment of cargo.

This type of loss is borne solely by the owner of the damaged property or their insurer, and it is not distributed among the other parties involved in the voyage (such as other cargo owners). It typically arises from perils of the sea, accidents, or other unforeseen events that cause localized damage.

• Example 1: Damage to a specific cargo consignment

  A container ship encounters rough seas, causing one particular container filled with electronics to shift violently and suffer water damage. The rest of the cargo on the ship remains perfectly intact and undamaged. The loss to the electronics is a partial average because it affects only that specific consignment of cargo and is borne by the owner of the electronics or their insurance company. It was not a sacrifice made for the safety of the entire ship or other cargo.

• Example 2: Localized ship damage

  During a routine voyage, a vessel's auxiliary engine experiences a mechanical failure, requiring costly repairs at the next port. This malfunction does not endanger the ship or its cargo, and the main engines continue to operate normally. The cost of repairing the auxiliary engine is a partial average loss for the shipowner. It is a specific loss to a part of the ship, not a shared sacrifice, and does not involve contributions from cargo owners.

• Example 3: Loss of a portion of cargo overboard

  A bulk carrier transporting grain experiences exceptionally strong winds and waves, causing a small portion of the grain in one hold to be washed overboard. The remaining grain and the ship itself are otherwise unharmed. The loss of that specific quantity of grain is a partial average. The owner of the lost grain bears this loss, as it was an accidental occurrence affecting only their property, not an act undertaken to save the entire voyage.