New Jason Clause
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 the 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 good to the carrier before delivery.
New Jason Clause - Commentary
Suitable for
Bills of lading and waybills.
Purpose
A US Supreme Court decision in 1897 prevented owners from recovering in general average for sacrifices or expenditure caused by their own negligence. The New Jason Clause is reinstates the owners’ right to recover in general average and rely on the error in navigation defence.
Version
The above clause follows the standard wording which is in common use in bills of lading. Charterparties will usually contain a clause requiring that all bills of lading issued must contain the both-to-blame clause. It will often be included as part of the General Average Clause by being preceded by words such as “General Average shall be adjusted, stated and settled in London according to York Antwerp Rules 1994 or any subsequent amendment thereto.”
Cover
All members are required to incorporate the New Jason Clause in their contracts of carriage (Appendix 6.1.2).