Answer
- Purpose of the Jason clause was to overcome the Harter Act of USA,1893.
- Under English common law and York-Antwerp Rules, a shipowner can claim GA contributions even if their crew's navigational error caused the incident (Rule D). However, US courts ruled under the US Harter Act that while shipowners were legally exempt from paying cargo damages for crew errors, they could not demand GA contributions from cargo owners if crew negligence caused the casualty.
- Shipowners added a clause to contractually bypass this US ruling. The clause was upheld by the US Supreme Court in the landmark case The Jason (1912). Since then it was called Jason Clause.
- Later on it was modified to align with modern international statutory(US COGSA 1936 and Hague Rules) exemptions—creating the New Jason Clause.
New Jason Clause: It obliges cargo owners to pay General Average (GA) contributions to the shipowner even if the casualty requiring the GA sacrifice was caused by the negligence of the master, crew, or pilot—provided the shipowner exercised due diligence to make the vessel seaworthy at the start of the voyage.
- The New Jason Clause is mandatory in almost all standard Bills of Lading and Charter parties trading to, from, or through United States waters.