4. 3 Purposes for deviation from the route of the voyage.

Firstly if there is a real danger, the carrier may deviate for the purpose of protecting and preserving the cargo. Secondly, the carrier may deviate for the purpose of saving human life. Finally, the contract of carriage may permit a deviation from the contractual voyage if it contains a “liberty to deviate” clause.

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6. Barratry – includes every wrongful act willfully committed by the master or crew to the prejudice of the owner or charterer. Willfully running the ship ashore with fraudulent intent; fraudulently selling the ship, her equipment or cargo; sailing in breach of an embargo; willfully assisting illegal immigration; smuggling without the owner’s consent, are all act of barratry.

7.When GA is declared – The declaration is normally made by the shipowner. A declaration must be made before the delivery of the cargo.

8.Ga contribution , bond and guarantee.

GA Bond – расписска по общей аварии – подписывают shipper & receiver – a signed promise by the receivers to pay their general average charges when known.

GA Guarantee – подписывают – cargo underwrites – страховщики груза – a promise from cargo underwriters to pay the required contribution without collection of a deposit.

9.Ga adjuster and ga adjustment.

The assessment of each party’s contributions called an “average adjustment”. The adjustment is made by an average adjuster. The average adjuster is appointed by the shipowner to collect all the facts surrounding the incident and collect guaranties from various parties before cargo is discharged.

10.Ship’s agents and surveyors in ga.

A ship’s agent will assist the master in the aftermach of a general average incident to make a declaration which complies with the local law and custom of the port. Surveyors, usually called general average surveyors and they will act in the interests of all the parties involved. If possible, the account representing expenditure incurrred should be examined and approved by the general average surveyor before settlement.

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12. Sea protest versus letter of protest. The sea protest is a solemn declaration, made on oath by a shipmaster before a person legally empowered to hear declarations.

A protest is a simple statement of fact, without added details.

Letter of protest – is a written communication recording dissatisfaction on the part of one party concerning any operational question over which the other party has control, and holding the other party responsible for any consequences of the matter being complained about.

13. Near miss (потенциально опасное происшествие) – is a hazardous event which does NOT result in accident/injury but a situation has arisen whire an accident or an incident could have happened.

14. An incident – is a hazardous occurrence which has resulted in physical damage to the ship, her cargo ot to the property.

15.An accident – is a hazardous occurrence which results in an unjury to personnel