ABSTRACT
Provided the fault is actionable, the contributor is relieved from liability though he has suffered no loss other than his notional liability to contribute. A contractual or statutory provision may: override fault which would otherwise bar a party's claim to a general average contribution; and/or exclude his own liability to contribute. The person claiming that his liability is excluded has the burden of proving that this is the case. In the USA, a bill of lading clause exempting the liability of the shipowner and his servants for negligence was void at common law as being contrary to public policy. By custom, certain items–essentially mails and goods of a personal nature, not regarded as merchandise–have been excluded from liability for general average. The York-Antwerp Rules contain a number of qualifications on liability to contribute in general average. Just as liability may be qualified, so may the qualification itself be qualified.
