average

A mean proportion, medial sum or quantity, made out of unequal sums or quantities. Brisendine v. Skousen Bros., 48 Ariz. 416, 62 P.2d 326, 329.

In ordinary usage the term signifies the mean between two or more quantities, measures, or numbers. If applied to something which is incapable of expression in terms of measure or amount, it signifies that the thing or person referred to is of the ordinary or usual type.

In maritime law, loss or damage accidentally happening to a vessel or to its cargo during a voyage. Also a small duty paid to masters of ships, when goods are sent in another man's ship, for their care of the goods, over and above the freight.

In old English law, a service by horse or carriage, anciently due by a tenant to his lord. A labor or service performed with working cattle, horses, or oxen, or with wagons and carriages.

@ general average

A contribution by the several interests engaged in a maritime venture to make good the loss of one of them for the voluntary sacrifice of a part of the ship or cargo to save the residue of the property and the lives of those on board, or for extraordinary expenses necessarily incurred for the common benefit and safety of all. The law of general average is part of the maritime law, and not of the municipal law, and applies to maritime adventures only. Ralli v. Troop, 157 U.S. 386, 15 S.Ct. 657, 39 L.Ed. 742.

See also average

- general average contribution

@ gross average

More commonly called "general average" (q.v.).

Where loss or damage occurs to a vessel or its cargo at sea, average is the adjustment and apportionment of such loss between the owner, the freight, and the cargo, in proportion to their respective interests and losses, in order that one may not suffer the whole loss, but each contribute ratably.

@ particular average

Particular average is a loss happening to the ship, freight, or cargo which is not to be shared by contribution among all those interested, but must be borne by the owner of the subject to which it occurs. It is thus called in contradistinction to general average. Petty average denotes such charges and disbursements as, according to occurrences and the custom of every place, the master necessarily furnishes for the benefit of the ship and cargo, either at the place of loading or unloading, or on the voyage; such as the hire of a pilot for conducting a vessel from one place to another, towage, light money, beaconage, anchorage, bridge toll, quarantine and such like.

@ simple average

Simple average is the same as "particular average" (q.v.)

@ average clause

A clause providing that similar items in one location or at several locations which are covered by one insurance policy shall each be covered in the proportion that the value in each bears to the value in all

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