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CHAPTER 5 Effects of a General Average Act

General Average

Page 93


Effects of a General Average Act

I A Defence

5.1 Action which, vis-à-vis the other parties interested in the adventure, would normally be actionable as a tort or breach of contract is excused to the extent that it is done for purposes of general average.1 Necessity may also be a defence to a claim brought by third parties to the adventure for a loss suffered by them as a result of a general average act.2

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