ABSTRACT
Under section 5 of the English Limitation Act, 1980 there is a limitation period of six years for actions founded on "simple contracts", after which the action will be time barred. This raises the age-old debate whether the origins of general average are contractual or arise by universal usage under the law maritime. However its origins, modern-day law and practice concur that the obligation to contribute in general average is contractual in nature, and time begins to run when the cause of action accrues. Subject to any specific contractual provisions in the bill of lading, contracts of carriage which are subject to the Hague or Hague-Visby Rules provide that the carrier and the ship shall be discharged from liability unless suit is brought within one year of the date of delivery of the goods.
