ABSTRACT

Salvage charges, general average and sue and labour are all forms of loss incurred at a time of emergency; though somewhat closely interwoven, they also remain distinct and separate in so far as their recoverability under a policy of marine insurance is concerned. They all come under the umbrella of 'partial loss'. And, though a 'particular average loss' is also partial loss, the Act has not included all forms of partial losses within the realm of 'particular average'. This is made clear by s 64(1), which declares that: 'A particular average loss is a partial loss of the subject matter insured, caused by a peril insured against, and which is not a general average loss', and by s 64(2), which states that: 'Particular charges are not included in particular average.' Thus, though general average and particular charges are partial losses, they are not particular average losses. Salvage charges are also partial losses, but as they have not been expressly excluded from the province of 'particular average', they are particular average losses.