ABSTRACT

Section 64(1) declares that: ‘A particular average loss is a partial loss of the subject-matter insured, caused by a peril insured against, and which is not a general average loss’. The term ‘partial loss’ is generic1 and should not be loosely used to refer to a ‘particular average loss’. Thus, if one wishes to be precise or pedantic, the terms should not, strictly speaking, be used interchangeably as if they are synonymous. The Act, though it has taken care to distinguish between the different types of partial losses,2 is nevertheless itself guilty of using the terms indiscriminately.