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Derecho International Privado

Derecho International Privado 62 0 THE AMERICAN JOURNAL OF COMPARATIVE LAW of a principle of equity in business that began with the Rhodians when Greece was young. General average is ordinarily applied to water-borne transportation. Under­ writers have been curiously shy about applying it to air transport, although there are occasional situations in which the facts cry out for this equitable treatment. With the increase of cargo planes, it would seem sure that there will eventually be cases where modern judges will be asked to decide, as in 1285, whether the aircraft commander's "ring, his silver cup," his precious radar and navigation instruments, shall or shall not contribute when more mundane goods are pushed overboard to lighten the ship and prevent the loss of everything. An instance of general average equity to solve a land-transport problem has come out of the Port of Hamburg since the late war. I t seems that a train of highway wagons, pulled by a tractor, was in danger of capture by an advancing Russian force. The tractor could not pull all the wagons with sufficient speed and hill-climbing power; the driver therefore left two behind and escaped with the rest. Being sued by the owner of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Derecho International Privado

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Publisher
Oxford University Press
Copyright
© 1956 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/838082
Publisher site
See Article on Publisher Site

Abstract

62 0 THE AMERICAN JOURNAL OF COMPARATIVE LAW of a principle of equity in business that began with the Rhodians when Greece was young. General average is ordinarily applied to water-borne transportation. Under­ writers have been curiously shy about applying it to air transport, although there are occasional situations in which the facts cry out for this equitable treatment. With the increase of cargo planes, it would seem sure that there will eventually be cases where modern judges will be asked to decide, as in 1285, whether the aircraft commander's "ring, his silver cup," his precious radar and navigation instruments, shall or shall not contribute when more mundane goods are pushed overboard to lighten the ship and prevent the loss of everything. An instance of general average equity to solve a land-transport problem has come out of the Port of Hamburg since the late war. I t seems that a train of highway wagons, pulled by a tractor, was in danger of capture by an advancing Russian force. The tractor could not pull all the wagons with sufficient speed and hill-climbing power; the driver therefore left two behind and escaped with the rest. Being sued by the owner of

Journal

American Journal of Comparative Law – Oxford University Press

Published: Oct 1, 1955

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