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The former requires that the loss or damage be intentionally incurred for the safety of both ship and cargo; the latter embraces all losses and damages caused by sea risk independently of the common safety.
Now, both the jettison, you had recourse to, and the price paid for towing, were purposely intended to rescue the vessel from her dangerous situation, and it is consequently but right that all the parties concerned, namely : the ship, the cargo and the freight, should contribute towards covering the damage ; but the leak, being sprung by the ship, did not prevent your reaching the port of destination, where all risks were fairly over, and the repairs, to be carried out, are now merely intended to enable the vessel to sail again under a new charter. The case would be quite different if, in consequence of the leak, you had been obliged to put into a port (i) in distress (2), short of your destination and there have such repairs carried out as urgently required to proceed on the voyage. The cost of such repairs would then have to be borne by the three parties, as it would have
(1) To put into a port Appoggiare ad un porto fuori della propria rotta.
(2) In distress In pericolo,
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otherwise been impossible for the Vessel to carry the cargo safely to destination.
This is my mind on the subject.
S. M. I thought the whole damage might be considered as falling under the head of general average, but, no donbt, you know better. It is for you therefore to act as you think lawful and proper.
A. S. And so I will. I shall have, of course, to make two statements; one of general and one of particular average. By the by, has a valuation of the damages been made already ?
S. M. It is for you to ascertain them in the way you think best; they consist of six different items, namely:
a) Value of the coal jettisoned;
b) Money paid to the captain of the Britannia for assisting ad towing the wessei;
c) Diver's charges;
d) Dock charges (1);
e) Cost of repairs ;
f) Your fees for adjustment.
(1) Dock charges Spese di carenaggio, cioč per la immissione, permanenza in, ed uscita dal bacino.