AVERAGE

average, a term found in two main senses. (1) the first, which occurs in old law, is from a law-latin _averagium_, and is connected with the domesday book _avera_, the "day's work which the king's tenants gave to the sheriff"; it is supposed to be a form of the o. fr. _ovre_ (_oeuvre_), work, affected by _aver_, the o. eng. word for cattle or property, but the etymology is uncertain. as meaning some form of feudal service rendered by tenants to their superiors, it survived for a long time in the scottish phrase "arriage and carriage," this form of the word being due to a contraction into "arage." (2) the second word, which represents the modern usages, is also uncertain in its derivation, but corresponded with the fr. _avarie_, and was early spelt "averays," recurring also as "avaria," "averia," and meaning a certain tax on goods, and then more precisely in maritime law any charge additional to "freight" (see affreightment), payable by the owner of goods sent by ship. hence the modern employment of the term for _particular_ and _general_ average (see below) in marine insurance. the essential of equitable distribution, involved in this sense, was transferred to give the word "average" its more colloquial meaning of an equalization of amount, or medium among various quantities, or nearest common rate or figure. (for a discussion of the etymology, see the _new english dictionary_, especially the concluding note with reference to authorities.) _in shipping._--average, in modern law, is the term used in maritime commerce to signify damages or expenses resulting from the accidents of navigation. average is either _general_ or _particular_. general average arises when sacrifices have been made, or expenditures incurred, for the preservation of the ship, cargo and freight, from some peril of the sea or from its effects. it implies a subsequent contribution, from all the parties concerned, rateably to the values of their respective interests, to make good the loss thus occasioned. particular average signifies the damage or partial loss happening to the ship, goods, or freight by some fortuitous or unavoidable accident. it is borne by the parties to whose property the misfortune happens or by their insurers. the term average originally meant what is now distinguished as general average; and the expression "particular average," although not strictly accurate, came to be afterwards used for the convenience of distinguishing those damages or partial losses for which no general contribution could be claimed. although nothing can be more simple than the fundamental principle of general average, that a loss incurred for the advantage of all the coadventurers should be made good by them all in equitable proportion to their stakes in the adventure, the application of this principle to the varied and complicated cases which occur in the course of maritime commerce has given rise to many diversities of usage at different periods and in different countries. it is soon discovered that the principle cannot be applied in any settled or consistent manner unless by the aid of rules of a technical and sometimes of a seemingly arbitrary character. the difficulty, which at one time seemed nearly insuperable, of bringing together the rules in force in the several maritime countries, has been to a large extent overcome--not by legislation but by framing a set of rules covering the principal points of difference in such a manner as to satisfy, on the whole, those who are practically concerned, and to lead them to adopt these [sidenote: history of the york-antwerp rules.] rules in their contracts of affreightment and contracts of insurance (see insurance: _marine_). the honour of the achievement belongs to a small number of men who recognized the need of uniformity. the work began in may 1860 at the congress held at glasgow, under the presidency of lord brougham, assisted by lord neaves. further congresses were held in london (1862), and at york (1864), when a body of rules known as the "york rules" was agreed to. there the matter stood, until it was taken up by the "association for the reform and codification of the law of nations" at conferences held at the hague (1875), bremen (1876) and antwerp (1877). some changes were made in the "york rules"; and so altered, the body of rules was adopted at the last-named conference, and was styled the "york and antwerp (or york-antwerp) rules." the value of these rules was quickly perceived, and practical use of them followed. but they proved to be insufficient, or unsatisfactory, on some points; and again, in the autumn of 1890, a conference on the subject was held, this time at liverpool, by the same association, under the able presidency of dr f. sieveking, president of the hanseatic high court of appeal at hamburg. important changes were then made, carrying further certain departures from english law, already apparent in the earlier rules, in favour of views prevailing upon the continent of europe and in the united states. the new rules were styled the [v.03 p.0055] york-antwerp rules 1890. in practice they quickly displaced those of 1877; and in 1892, at a conference of the same association held at genoa, it was formally declared that the only international rules of general average having the sanction and authority of the association were the york-antwerp rules as revised in 1890, and that the original rules were rescinded. it is this later body of rules which is now known as the york-antwerp rules. reference is now to be found in most english contracts of carriage and contracts of insurance, to these rules, as intended to govern the adjustment of g.a. between the parties; with the result that (so far as the rules cover the ground) adjustments do not depend upon the law of the place of destination, and so do not vary according to the destination, or the place at which the voyage may happen to be broken up, as used formerly to be the case. the rules are as follows:-- rule i.--jettison of deck cargo no jettison of deck cargo shall be made good as g.a. every structure not built in with the frame of the vessel shall be considered to be a part of the deck of the vessel. rule ii.--damage by jettison and sacrifice for the common safety damage done to a ship and cargo, or either of them, by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened, or other opening made for the purpose of making a jettison for the common safety, shall be made good as g.a. rule iii.--extinguishing fire on shipboard damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be made good as g.a.; except that no compensation shall be made for damage to such portions of the ship and bulk cargo, or to such separate packages of cargo, as have been on fire. rule iv.--cutting away wreck loss or damage caused by cutting away the wreck or remains of spars, or of other things which have previously been carried away by sea-peril, shall not be made good as g.a. rule v.--voluntary stranding when a ship is intentionally run on shore, and the circumstances are such that if that course were not adopted she would inevitably sink, or drive on shore or on rocks, no loss or damage caused to the ship, cargo and freight, or any of them, by such intentional running on shore, shall be made good as g.a. but in all other cases where a ship is intentionally run on shore for the common safety, the consequent loss or damage shall be allowed as g.a. rule vi.--carrying press of sail--damage to or loss of sails damage to or loss of sails and spars, or either of them, caused by forcing a ship off the ground or by driving her higher up the ground, for the common safety, shall be made good as g.a.; but where a ship is afloat, no loss or damage caused to the ship, cargo and freight, or any of them, by carrying a press of sail, shall be made good as g.a. rule vii.--damage to engines in refloating a ship damage caused to machinery and boilers of a ship which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in g.a., when shown to have arisen from an actual intention to float the ship for the common safety at the risk of such damage. rule viii.--expenses of lightening a ship when ashore, and consequent