A Jason clause is a rule in maritime law that requires all parties involved in a commercial voyage to contribute towards a loss sustained by some of the parties for the benefit of all, regardless of whether the loss was caused by the carrier’s negligence. This clause is named after a Supreme Court case that confirmed its enforceability. General average is a type of loss that occurs when there is an intentional partial sacrifice of ship or cargo to prevent total loss, and the responsibility for the loss is shared by all parties with an interest in the voyage. On the other hand, particular average is a loss that occurs due to an accidental partial loss or damage, and the person who suffered the loss is solely responsible for the liability.
The Jason Clause is a provision in maritime law that mandates contribution in general average, regardless of whether the carrier’s negligence led to the peril. This means that all parties involved in a commercial voyage, including the vessel and cargo owners, must contribute towards a loss suffered by some parties for the benefit of all, even if the carrier is otherwise exempt from liability by law. The clause derives its name from the 1912 Supreme Court case, The Jason, which upheld its enforceability. For instance, if a ship carrying cargo faces a peril that jeopardizes the entire voyage, the captain may choose to intentionally sacrifice some cargo to prevent total loss. In such a scenario, the loss becomes “general,” meaning it is distributed proportionally among all parties involved in the maritime adventure, including the cargo owners and the carrier. The Jason Clause would require the carrier to contribute to the loss, even if their negligence caused the peril. Another example would be if the carrier negligently fails to secure the cargo, resulting in damage to other cargo during the voyage. If the damaged cargo needs to be sacrificed to avoid complete loss, the Jason Clause would still require the carrier to contribute to the loss, despite their negligence being the cause of the peril.
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This glossary post was last updated: 17th April 2024.
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