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Individual average corresponds to general average and refers to the partial loss or damage caused by the risks covered by the subject matter of insurance at sea, that is, part of the loss other than general average. Such loss can only be borne by the owner of the subject matter alone.
Individual average is not a sacrifice for the common good of all, but a loss of a ship or cargo that is a direct result of other causes such as natural disasters or accidents.
Individual Average - Characteristics of individual average.
Compared to general average, individual average is characterized by:
1. It is not a part of the loss caused by man.
2. It is the loss of the subject matter of the insurance itself.
3. The individual average shall be borne by the insured who collects the loss, but he can obtain compensation from the insurer according to the loss. According to English maritime law, in the event of a separate average of the goods, the insurer's payable amount is calculated as the ratio of the value of the damage to the intact value multiplied by the insurance premium.
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Individual average refers to the partial loss of a ship or cargo due to marine risks and external risks during transportation. This loss is related only to a single interested party and does not involve other cargo owners or shipping parties. Individual average is generally the sole responsibility of individual cargo owners or their insurers.
Due to the different degrees of vulnerability of various goods, and the natural wear and tear of some goods, the insurer will limit its liability to compensate for individual average in the policy by means of deductible or deductible, that is, the method of not paying the limit and proportion of liability. Insurers usually adopt two methods: absolute deductible (rate) or relative deductible (rate): the former means that the insurer is not liable for the loss within the amount (or percentage) specified in the policy, and when the individual average exceeds this limit (or percentage), the insurer bears the loss of the excess (or percentage); The latter means that the insurer is not liable for losses within the amount (or percentage) specified in the policy, and the insurer is fully liable when the individual average reaches or exceeds this limit (or percentage).
Compared to general average, individual average is characterized by:
1. It is not a part of the loss caused by man.
2. It is the loss of the subject matter of the insurance itself.
3) Individual average shall be borne by the insured who suffers the loss alone, but he can receive compensation from the insurer according to the circumstances of the loss. According to the English maritime law, in the event of a separate average of the goods, the insurer's compensation amount is calculated as the ratio of the value of the damage to the intact value multiplied by the insurance premium. Individual average refers to the loss of a unilateral interest involving only the owner of the ship or cargo, and its main differences from general average are:
1.The causes of sea average are different. Individual average is the loss of ships and cargo directly caused by underwriting risks; General average, on the other hand, is not a loss directly caused by an insured risk, but a loss artificially caused in order to relieve or mitigate a common danger.
2.The liability to bear the loss is different. The loss of individual average is generally borne by the injured party; The loss of general average shall be shared by the beneficiary parties in proportion to the size of the benefit.
3. The content of the loss is different. Separate average refers only to the loss itself, while general average includes the loss and the costs incurred therefrom.
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This is the answer to the question you asked.
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Individual average refers to the partial loss or damage caused by the insured subject matter at sea from covered risks, i.e., the part of the loss other than general average. Such loss can only be borne by the owner of the subject matter alone.
Individual average is characterized by:
1. It is not a part of the loss caused by man.
2 .It judged Xunsui to be the loss of the subject matter of the insurance itself.
3 .Individual average is borne solely by the insured who received the loss, but he or she may receive compensation from the insurer according to the circumstances of the loss.
According to English maritime law, in the event of a separate average of the goods, the calculation of the insurer's compensation amount is equal to the ratio of the value of the damage to the intact value multiplied by the insurance premium.
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1) The composition of the loss is different, that is, the individual average generally refers to the loss of the goods themselves, excluding the loss of expenses, while the general average includes both the sacrifice of the goods and the expenses caused by the taking of general average measures; (2) The causes of loss are different, that is, individual average is the loss of goods directly caused by the insured risk, while general average is not the loss directly caused by the insured risk, but the loss caused by man in order to relieve or reduce the common danger of the ship, cargo and freight. (3) The way of bearing the loss is different, that is, the injured party bears the loss by the individual average, while the general average is shared by the beneficiary party in proportion to the value of the rescued property. The difference between general average and individual average is 1. The cause of occurrence is different.
General average is caused by deliberate measures; Individual averages, on the other hand, are caused by fortuitous accidents. 2. The stakeholders involved are different. General average is a loss suffered for the common interests of all parties involved in the ship's date dying; On the other hand, individual average only involves the personal interests of the losing party.
3. The consequences are different. General average shall be apportioned among the beneficiaries; The individual average is borne by the losing party. According to Article 193 of the Maritime Law, general average refers to the special sacrifices and expenses paid directly by intentional and reasonable measures taken for the sake of common safety when a ship, cargo or other property encounters a common danger during the same sea voyage.
Losses caused by delay of ships or cargo, including loss of schedule, loss of market and other indirect losses, incurred during the voyage or at the end of the voyage, shall not be included in general average. Legal basis: Article 2 of the Interim Rules for the Adjustment of General Average of the China Committee for the Promotion of International Average; The principle of general average adjustment is: on the basis of investigation and research, clear responsibilities, seeking truth from facts, and fairly and reasonably handling the compensation and apportionment of various losses and expenses.
The burden of proof is on the party claiming general average adjustment and other interested parties to prove that the loss or expense claimed by it may be included in general average in accordance with the provisions of these Rules.
In the case of general average, if the accident constituting the case is indeed caused by the fault of one of the parties to the contract of carriage for which no one is exempted, the general average adjustment shall not be carried out, but it may be handled appropriately through negotiation according to the specific circumstances.
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1. What is the difference between general average and individual average?
1. The differences between general average and individual average are as follows:
1) The responsibility for causing losses is different. The individual average shall be unilaterally borne by the owner of the damaged party; The general average is shared by the beneficiary ship, cargo and freight party;
2) The content of the loss is different. Individual average is an insured cargo; Losses arising from general average include expenses paid in addition to the goods;
3) The reasons for the loss are different. Individual average is a loss that is a direct result of risk; General average is a man-made loss caused by humans in order to relieve or mitigate the risk.
2. Legal basis: Article 33 of the Civil Procedure Law of the People's Republic of China.
The people's court of the place where the vessel first arrived, the place where the general average was adjusted, or the place where the voyage was terminated shall have jurisdiction.
2. What are the conditions for the composition of general average.
The conditions for the composition of general average are as follows:
1. The property involved must be maritime property. i.e. ships, cargo or other property carried by ships.
2. The property involved does not need to be in actual danger. That is, a natural disaster or accident has occurred. Hazards that are conceived or about to occur are not considered actual hazards.
3. The measures taken must be artificial and intentional.
4. It must be for the common safety of ships and goods. There is no common interest and does not constitute general average.
5. The measures taken must be reasonable. The nuclear family loses.
6. The measures taken must be of a very special nature.
7. The entire act of general average must be successful and effective. If property on the same voyage suffers total loss, the salvage value is zero, and the basis for general average disappears.
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