What are Particular average Loss?
Particular average loss are partial and unforeseen loss accidentally incurred by sea perils. When goods arrive at its destination, the surveyor inspects them and certifies their damaged condition. After survey, a statement of particular average is prepared.
Particular average may be divided into the following stages:
1. Measures of the actual loss
Loss = sale price of goods — sale price of damaged goods.
2. Where the valued policy is taken, the actual measure of loss has to be adjusted on the basis of the amount insured.
3. Where the unvalued policy is taken, it is this amount which the insured can recover from the underwriter up to the sum insured.
4. In addition, insured can also claim certain charges i.e. survey fee, sales commission etc.
What are General Average Loss?
General Average is a loss which is caused by or directly consequential on a general average act.
The essentials of a general average are:
1. The loss must be the direct result of a general average act.
2. Sacrifice or expenses must be extraordinary in its nature.
3. The sacrifices must be intentional and not accidental.
4. It must be reasonable and prudent.
5. It must be done in times of peril.
6. Its object must be the preservation of the property and not the safety of any particular interest.
7. It must result in the preservation of the ship and a part of the cargo.
8. The common danger must not be the result of a default.