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Simple English definitions for legal terms
stranding
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A quick definition of stranding:
Stranding is when a ship gets stuck on a beach or shore. This can happen accidentally because of bad weather or on purpose to avoid a bigger problem. If the ship and cargo are saved from the danger together, the cost of rescuing them is shared by everyone involved. But if the stranding was caused by the ship being unsafe or someone's mistake, they can't ask for help from others unless they have an agreement.
A more thorough explanation:
Definition: Stranding is a term used in maritime law to describe a ship that has drifted, driven, or run aground on a strand. The type of stranding that occurs determines how liability for any resulting losses is apportioned.
- Accidental stranding: This type of stranding happens due to natural forces like wind and waves. If a ship is damaged or needs repairs due to an accidental stranding, it is considered a particular average. For example, if a ship gets caught in a storm and runs aground, any damage to the ship or cargo would be considered a particular average.
- Voluntary stranding: This type of stranding occurs when a ship is intentionally run aground to avoid a more dangerous situation or for fraudulent purposes. If the ship is later recovered and able to continue its voyage, any losses incurred due to the voluntary stranding are considered a general average. For example, if a ship is being pursued by pirates and the captain decides to run the ship aground to avoid capture, any losses incurred would be considered a general average.
These examples illustrate how the type of stranding that occurs determines how liability for any resulting losses is apportioned. Accidental strandings are considered a particular average, while voluntary strandings are considered a general average.