Article - 112 Week 40 | God's Advocate In General Average

Article - 112 Week 40 |    

God's Advocate In General Average 

Extraordinary expenses, peril, common adventure, and many such porous and subjective words are cleverly woven to make ransom look like a lollypop. You pay a carrier to carry your cargo. The carrier goofs up and the vehicle catches fire. Then the carrier proves that God was responsible for the disaster, by weaving such clever words. He calls it "General Average" and arm-twists  you to pay - to both douse the fire and repair all the damages caused in the fire and the delays. And that is known gloriously as International Law in shipping.

 

Think of one of those silly mob movies. The Don kidnaps a few rich kids. Then he calls the rich Dads and gives them the bad news in an emotionless threatening drone. Then you see a lot of tears, howling, wailings, and the desperate prayers. Anxiety levels soar.  All eyes on the silent phone box. A second call comes with the sad cry of a kid. Then the Don drones at the rich  Dads to fax him their latest IT returns. A fax machine in Dubai purrs into life. A long wait of another two days. A demand for ransom comes in. The richer Dad pays more as per Don's justice system. Next call specifies the time and vicinity for the ransom collection. Ransom is collected. Then the Police enters.

Shippers load cargo on board M.V. Amsterdam Bridge from Nhava Sheva. The ship loads and leaves port. There is a fire on board ship. The 'Hows' and the 'Whys' are unknown to outside. The owner of the ship declares 'General Average'. The shippers panic and howl. The ship owner appoints smart lawyers as Adjusters. Shippers are instructed to send their Commercial Invoices & Packing Lists to determine the value.  The adjusters will see the value and send demand notes to the shippers. The full amount will be cost plus to cover more costs for the ship owner. The shippers would pay the demand amounts and sign a Bond. The Bond is cleverly worded by very smart lawyers to take away any possibility of recourse by the shippers. Then the cargo would be released at any point of choice by the owner.

Unfortunately, there are many small shippers in a container ship carrying thousands of boxed cargo, who are victims of this extortion. It's nearly impossible for them to join hands together to hire smart & expensive lawyers to prove that it was not God who set the ship on fire. In case God still escapes unblemished, the law stipulates that the owner of the vessel shall not be responsible for the mistakes of his employees and therefore it would tantamount to an act of God. Under such damning conditions, who will be God's advocate?

Brgds  

(Capt Rath) Skype Gtalk MSN :  psrath

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