BILL OF LADING

BILL OF LADING CLAUSES

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, on the grounds of the provisions of this law, the owner did not have the right to claim a contribution from the beneficiaries of the cargo, if faults in the navigation or in the management of the ship, which gave cause to the general average, had been committed . 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".