Tackle

The term ‘tackle’ today could also include freight containers which may be the property of the owners of the ship or may be hired from a container leasing company. In the latter case the containers leasors will be involved in the general average. Freight – Sacrifice of freight by the shipowner by an act whereby the cargo is preserved gives rise to a general average contribution against the cargo. See Pirie v Middle Dock Co. (1881). However if freight is payable in advance it does not depend on the safe arrival of the goods and a claim to a general average contribution in respect of freight cannot arise. Extraordinary expenditure voluntarily incurred or extraordinary loss of time and labour voluntarily accepted, may also give rise to a general average contribution provided that such sacrifice is made for the common safety in a time of danger. The expense must be both extraordinary and incurred to avoid a common peril. Payments for salvage services may or may not be of general average expenditure. Where expense is incurred in saving both ship and cargo this is treated as a general average expense. However where the cargo has been safely discharged and further operations are directed to floating the ship and towing her into a port for repairs, the further expenses incurred will fall on the shipowner alone. Where, by reason of an impending peril, it has become unsafe for ship and cargo to continue the voyage, the deviation to a port of refuge is a general average act. If, however, the deviation was rendered necessary by the unseaworthiness of the ship, general average contributions in respect of the expenses are not recoverable.