HopefullyInLawSchool
16:06
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
partial average
Read a random definition: encroachment
A quick definition of partial average:
Average is a single value that represents a broad sample of subjects. It can be the mean, median, or mode of a series. In maritime law, there are two types of average: general and particular. General average is when there is 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. Particular average is when there is an accidental partial loss or damage, and the liability is borne solely by the person who suffered the loss.
A more thorough explanation:
Partial average is a term used in maritime law to refer to accidental partial loss or damage to an insured ship or its cargo during a voyage. This type of average is also known as particular average.
Any loss or damage that is not general is considered particular average. This means that the liability for the loss or damage is borne solely by the person who suffered it. For example, if a ship's cargo is damaged during a storm, the owner of the cargo is responsible for the loss.
In contrast, general average refers to an intentional partial sacrifice of ship or cargo to avoid total loss. In this case, the liability is shared by all parties who had an interest in the voyage. For example, if a ship is in danger of sinking and some cargo needs to be thrown overboard to lighten the load, the cost of the sacrificed cargo is shared by all parties involved in the voyage.
Overall, partial average is an important concept in maritime law that helps to determine liability for losses or damages during a voyage.