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Report No. 21

Clause 65

General.-This deals with particular average loss.

Analysis.-A particular average loss must be

(i) a partial loss,

(ii) caused by peril insured against, and

(iii) not a general average loss.1

The distinction between a particular average and a general average is that-

(a) general average is voluntary, while particular average is accidental;

(b) general average is undertaken to save property imperiled in a common adventure. Particular average is a loss pure and simple.

Damage by sea water when not amounting to total loss, or damage by fire or collision, are examples of particular averages.

Particular charges.-Charges incurred by the assured for the safety or preservation of the subject-matter insured are called particular charges and are not included in particular average. This is provided by sub-section (2). Examples of particular charges would be as stated by Dover,2 the cost of picking sound cotton from damaged cotton, the cost of "skimming" cocoa, and other re-conditioning charges.3 These are particulars in the sense that they are applicable to a particular interest.

Particular average may be classified as-

(a) damage to ship, for example, by forcible impact;

(b) loss of freight, for example, by reason of partial loss of cargo by particular average; and

(c) damage to cargo.

The following chart may be of some help in understanding the relationship between particular average and allied concepts:-

1. As to general average loss, see section 66 of the English Act-clause 47.

2. Dover, p. 417.

3. As for other provisions as to particular charges, see section 65 (2), 76 and Sch. I, rule 14 of the English Act, "Sue and labour" charges are examples of "particular charges". See section 78 of the English Act-clause 79.

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