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Lowndes & Rudolf: The Law of General Average and The York-Antwerp Rules, 15th Edition

Lowndes & Rudolf: The Law of General Average and The York-Antwerp Rules, 15th Edition

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9780414057043
  • 出版时间 September 2018
  • 规格: Hardback , 866 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥4,106.88

¥3,983.67 Save ¥123.21 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Now in its 15th edition, Lowndes & Rudolf sets out, analyses and comments on the York-Antwerp rules, which govern the principle of general average in maritime law.

    New to edition:

    • Covers the Supreme Court’s Decision in The Longchamp, a case concerning Rule F (substituted expenses) and its application in the context of the negotiation of a ransom paid to Somali pirates; this was undoubtedly the most significant decision in the law of general average since The Bijela (House of Lords, 1994).
    • Discusses how The Cape Bonny provided useful additional guidance on the burden of proof and immobilisation of a ship in relation to peril.
    • Re-visits Anglo-Argentine v Temperley in relation to loss of market and Rule C
    • References The Clipper Sao Luis in relation to the new wording in Rule G concerning recoveries
    • Extensively revises Section 5 with regard to the law governing the adjustment

    Key Features:

    • The book is the definitive practitioner text on the principle of General Average, and the York-Antwerp Rules that govern it.
    • It defines General Average and explores the historical context and development of it as a legal principle.
    • It sets out key principles of the Law of Carriage by Sea.
    • The main section of the book offers a rule-by-rule commentary on the York-Antwerp Rules covering the historical background, development, practice and construction of each rule, from the Rule of interpretation and the Definition to the Treatment of cash deposits and Contributory values.
    • Advises on how rights of contribution are assessed and enforced.
    • Covers issues around the currency of the adjustment, including rates of exchange and the problem of set-off.
    • Describes the legal landscape around General Average Insurance and Recoveries, including what happens in the case of losses in excess of the insured value.
    • The appendices gather key documents, including the relevant international treaties, but also the Lloyds Average Bond, the BIMCO Average Bond Clause, the Lloyds Standard Form of Salvage Agreement and several Salvage Guarantee Forms.
    • Provides the reader with a comprehensive explanation of the principles underpinning these concepts.
  • SECTION 1 HISTORICAL INTRODUCTION
    SECTION 2 SOME PRINCIPLES OF THE LAW OF CARRIAGE BY SEA
    SECTION 3 THE HISTORY AND DEVELOPMENT OF THE YORK-
    ANTWERP RULES
    SECTION 4 THE YORK-ANTWERP RULES 1994, 2004 AND
    2016
    RULE OF INTERPRETATION
    RULE PARAMOUNT
    RULE A DEFINITION OF GENERAL AVERAGE
    RULE B TUG AND TOW
    RULE C CAUSATION, CONSEQUENCES AND DAMAGE TO THE ENVIRONMENT
    RULE D THE EFFECT OF FAULT
    RULE E ONUS OF PROOF
    RULE F SUBSTITUTED EXPENSES
    RULE G VALUATION OF LOSSES AND CONTRIBUTORY VALUES; NON-
    SEPARATION AGREEMENT
    RULE I JETTISON OF CARGO
    RULE II LOSS OR DAMAGE BY SACRIFICES FOR THE COMMON SAFETY
    RULE III EXTINGUISHING FIRE ON SHIPBOARD
    RULE IV CUTTING AWAY WRECK
    RULE V VOLUNTARY STRANDING
    RULE VI SALVAGE REMUNERATION
    RULE VII DAMAGE TO MACHINERY AND BOILERS
    RULE VIII EXPENSES LIGHTENING A SHIP WHEN ASHORE AND
    CONSEQUENT DAMAGE
    RULE IX CARGO, SHIP’S MATERIALS AND STORES USED FOR FUEL
    RULE X EXPENSES AT PORT OF REFUGE, ETC.
    RULE XI WAGES AND MAINTENANCE OF CREW AND OTHER EXPENSES
    PUTTING IN TO AND AT A PORT OF REFUGE
    RULE XII DAMAGE TO CARGO IN DISCHARGING, ETC.
    RULE XIII DEDUCTIONS FROM COST OF REPAIRS
    RULE XIV TEMPORARY REPAIRS
    RULE XV LOSS OF FREIGHT
    RULE XVI AMOUNT TO BE ALLOWED FOR CARGO LOST OR DAMAGED BY SACRIFICE
    RULE XVII CONTRIBUTORY VALUES
    RULE XVIII DAMAGE TO SHIP
    RULE XIX UNDECLARED OR WRONGFULLY DECLARED CARGO
    RULE XX PROVISION OF FUNDS
    RULE XXI INTEREST ON LOSSES MADE GOOD IN GENERAL AVERAGE
    RULE XXII TREATMENT OF CASH DEPOSITS
    RULE XXIII TIME-BAR FOR CONTRIBUTIONS TO GENERAL AVERAGE
    SECTION 5 ASSESSING AND ENFORCING RIGHTS OF CONTRIBUTION
    SECTION 6 THE CURRENCY OF THE ADJUSTMENT
    SECTION 7 GENERAL AVERAGE, INSURANCE AND RECOVERIES
    APPENDIX 1
    THE ROMAN CIVIL LAW
    APPENDIX 2A
    GLASGOW RESOLUTIONS (1860), YORK RULES (1864) AND YORK-ANTWERP RULES (1877)
    APPENDIX 2B
    YORK-ANTWERP RULES OF 1890, 1924, 1950, 1974 (AND AS AMENDED 1990)
    APPENDIX 2C
    YORK-ANTWERP RULES (1994), (2004) AND (2016)
    APPENDIX 3
    RULES OF PRACTICE
    Adopted by the Association of Average Adjusters up to 2007
    APPENDIX 4
    DOCUMENTS .
    APPENDIX 5
    CMI GUIDELINES RELATING TO GENERAL AVERAGE

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