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MEO CLASS 1 · ORAL QUESTION 24

What is Artificial GA ?

Answer

Artificial General Average occurs when an expense or loss is allowed into General Average adjustments purely because of specific Numbered Rules or contractual agreement, despite failing to meet all five Rule A criteria  (most commonly, the lack of an active or imminent "peril").

Under traditional maritime law (Rule A of the York-Antwerp Rules), a valid General Average act requires five fundamental conditions:

  1. An extraordinary sacrifice or expenditure must be incurred.

  2. It must be intentional/voluntary (not accidental).

  3. It must be reasonably made.

  4. It must be for the common safety of preserving the property involved in a common maritime adventure.

  5. There must be an actual, real, and substantial peril (not imaginary or merely prospective).


As per YA rules there is no requirement of peril in –
Rule X- Expenses at a Port of Refuge etc.

Rule XI – Wages and maintenance of crew and other expenses in a port of refuge.

Rule XII- Damage to cargo in discharging etc.

When any of the above condition exists, it is called an Artificial GA.