THE NEW JASON CLAUSE

The New Jason clause applies in case of general average when the American
legislation has to be taken into account.

After the Harter Act was introduced in 1893, the general conception was that the
owner did not have the right to claim a contribution from the beneficiaries of the
cargo, if the cause which gave rise to the general average claim, was a fault in the
navigation or in the management of the ship. In connection with this conception a
clause was added to the bill of lading allowing the carrier to claim a contribution in
general average from the beneficiaries of the cargo in case of "negligence"
assuming that proper care was taken to make the ship seaworthy and to properly
man, equip and supply the ship. This clause, which was found legal by an
American court, in which the ship "s.s.Jason" was involved" received the name of
"Jason Clause".

The original text of this clause has been modified in 1932 when, following a
lawsuit, the owner's claim for general average which was caused by a fire, was
recognized, with however the restriction, that the owner would not have had the
right to claim if the stowing of the cargo had been unsatisfactory or if the fire had
been caused by unseaworthiness and this, notwithstanding the fact that in
accordance with the U.S. Fire Statute, the owner is exempted of responsibility for
damage to the goods caused by fire even if the fire had been caused by
unseaworthiness. The New Jason Clause reds as follows:

"In the event of accident, danger, damage or disaster before or after the
commencement of the voyage, resulting from any cause whatsoever, whether due
to negligence or not, for which, or for the consequence of which, the carrier is not
responsible, by statute, contract or otherwise, the goods, shippers, consignees or
owners of the goods shall contribute with the carrier in general average to the
payment of any sacrifices, losses or expenses of a general average nature that
may be made or incurred and shall pay salvage and special charges incurred in
respect of the goods.

If a salving ship is owned or operated by the carrier, salvage shall be paid for as
fully as if said salving ship or ships belonged to strangers. Such deposit as the
carrier or his agents may deem sufficient to cover the estimated contribution of
the goods and any salvage and special charges thereon shall, if required, be made
by the goods, shippers, consignees or owners of the goods to the carrier before
delivery".

Compiled by : Capt. Naveen C Tewari, ARI, Saket. New Delhi. (5/14) 1