ABSTRACT

The discharge of cargo from a stranded vessel is frequently a hazardous operation, and any loss or damage to the property involved in the common maritime adventure which flows as a direct consequence of those hazards, or could reasonably be foreseen as likely to occur in the performance of the lightening operation, will be admitted in general average. Since the 1994 amendment, the consequent loss or damage admissible in terms of the Rule VIII is limited to that suffered by property, including freight, which is within the community of interest. In 1994 the text was altered, the words "the loss or damage sustained thereby" being replaced by "any loss or damage to the property involved in the common maritime adventure in consequence thereof". The object of this amendment was to prevent any potential claims for liability to third parties which might arise in consequence of the discharge or reshipping of cargo, fuel or stores from being admitted under this Rule.