ABSTRACT
The law of general average exists as an independent branch of the law of maritime distinct from carriage of goods by sea and marine insurance. In The Brigella, Lord Gorell Barnes said that:41
In Simonds v White,42 it was pointed out that the origin of the principle of general average is of ‘very ancient date’ and the obligation to contribute depends ‘not so much upon the terms of any particular instrument as upon a general rule of maritime law.’ The fact that it ‘had existed for ages before the practice of insurance was known’43 explains why it does not depend on insurance (or any other branch of law) for sustenance or for its existence.44
