STRANDING

STRANDING

stranding, n. Maritime law. A ship’s drifting, driving, or running aground on a strand. ? The type of stranding that occurs determines the method of apportioning the liability for any resulting losses. [Cases: Salvage 9, 30. C.J.S. Salvage ¡ì¡ì 12, 81.]

accidental stranding. Stranding as a result of natural forces, such as wind and waves. See general average, particular average under AVERAGE.

¡ª Also termed involuntary stranding.

¡°Damage to a vessel from involuntary stranding or wreck, and the cost of repairs, are particular average only. Where, however, the ship and cargo are exposed to a common peril by the accidental stranding, the expenses of unloading and taking care of the cargo, rescuing the vessel, reloading the cargo, and other expenses other than repairs requisite to enable the vessel to proceed on the voyage, are brought into general average, provided the vessel and cargo were saved by the same series of measures during the continuance of the common peril which created the joint necessity for the expenses.¡± 70 Am. Jur. 2d Shipping ¡ì 961, at 1069 (1987).

voluntary stranding. Stranding to avoid a more dangerous fate or for fraudulent purposes.

¡°The loss occurring when a ship is voluntarily run ashore to avoid capture, foundering, or shipwreck is to be made good by general average contribution, if the ship is afterwards recovered so as to be able to perform its voyage, as such a claim is clearly within the rule that whatever is sacrificed for the common benefit of the associated interests shall be made good by all the interests exposed to the common peril which were saved from the common danger by the sacrifice …. A vessel cannot, however, claim contribution founded on even a voluntary stranding made necessary by … unseaworthiness or the negligence of those in charge, except in pursuance of a valid agreement to that effect.¡± 70 Am. Jur. 2d Shipping ¡ì 961, at 1069 (1987).


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