Damage may be common or special. In the absence of stipulations to the contrary by the parties concerned, they are settled in accordance with the provisions of the present chapter.
In a bill of lading, any provision to the contrary is deemed unwritten.
All damage not classified as general damage is special damage.
They are suffered by the ship or the goods outside of any voluntary sacrifice for the common good.
They are borne by the owner of the thing which suffered the damage, or by the person who incurred the expense, without prejudice to any claims for liability, reimbursement or reimbursement or compensation.
Classification as general damage
An act of general average occurs when, and only when, intentionally and reasonably, an extraordinary sacrifice is made or an extraordinary expense incurred for the common salvation, with the aim of preserving from peril the properties engaged in a common maritime adventure.
The sacrifices and expenses mentioned in the above article must have been decided by the master.
Only damage and losses to goods involved in the shipment, as well as expenses incurred for these goods, will be accepted as general damage, when such damage, losses and expenses are the direct consequence of the general damage act decided by the master.
When the event which gave rise to the sacrifice or expense is the consequence of a fault committed by one of the parties involved in the expedition, there is no less reason to settle general common damages, unless recourse is taken against the party to whom the fault is attributable.
Any additional expenditure, voluntarily incurred to avoid an expense or loss which would have been classified as general damage, will itself be credited as such, up to the amount of the expense saved or loss avoided.
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