General Average (Continued from page 361, vol. xii)

Abstract

In considering the various expenses, or, as some writers term them, expenditures, that are the results of a general average act, the same test must be applied as in the case of sacrifices. Were they had recourse to as being, in the exercise of sound judgment and prudence, indispensably necessary for procuring the safety of all concerned in the adventure? Might the act from which they proceeded be the means of arresting any course of events which, if allowed to take their full scope, would terminate in the destruction of the vessel and the consequent loss of the freight and cargo? It is true human judgment is likely to err under these, as in other circumstances of like nature, and expenses may be incurred needlessly, for the ultimate consequences of an act cannot be always perceived; but if the end proposed will admit of no other course by which the vessel and the property in her may be preserved at the time, and if the measures resorted to are such as would not be employed in the ordinary prosecution of the voyage, there is reason for admitting such as a lawful subject of contribution. When common sense is exercised, and the circumstances are regarded comprehensively and clearly, the results are generally found to justify the means adopted in cases of danger needing prompt action.