particular average loss:
(1814)
1. Marine underwriting. A loss suffered by and borne alone by particular interests in a maritime venture. * Such a loss is usually a partial loss. [1]
particular average:
1. A term used in contradistinction to general average, denoting a loss on vessel, cargo, or freight, to be borne by the owner o the particular subject or interest upon which it happens. 48 Am J1st Slip § 621.
A term generally regarded as synonymous with “partial loss” when used in a limitation of liability in a marine insurance policy. 29A Am J Rev ed Ins § 1585.
See free from average unless general; free from particular average. [2]
1. A term used in contrast to “general average,” indicating a loss to a ship’s cargo that is absorbed solely by the owner or owners of the particular cargo that has been destroyed.
2. A term synonymous with partial loss when used in a marine insurance policy.
Compare general average contribution. [3]
References:
Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4
[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
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