There are two exceptions to the rule that sacrifices or expenditures made for the pres -ervation of the whole adventure are made good to the owner of the injured interest by contri bution levied on the whole adventure: First, when the loss is due to the fault of the injured owner. Second, when the injured or sacrificed goods were carried on deck; unless such deck cargo was permitted either by the established custom of navigation or by the assent of the owners of the general cargo. The second excep tion rests upon the general rule of maritime law that the deck of a ship 4 an improper place for cargo, as its stowage there interferes with the safe navigation of the vessel.
In the absence of a special agreement to the contrary, all the imperiled property saved mast contribute to make good the loss of that which was voluntarily sacrificed by the master, or com mon agent of all. The owner of the sacrificed interest is not reimbursed for his entire loss. On the other hand, he is bound to contribute to his own loss proportionally with his co-adven turers. In other words, the owners of the saved property contribute that percentage of its value which the value of the lost property bears to the value of all that was imperiled. As a rule,
the value of a saved interest upon which it must pay contribution is the same as the value upon which it would have received contribution had it been sacrificed. In the case of the ship, this is her fair value to her owners at the time and place of adjustment; in the case of freight, its net value at that time; in the case of cargo, the market value of the goods at the end of the voyage, less charges for freight, duties, and the like. While the ordinary place for adjusting gene•al-average contributions is the port where the voyage was to end, the adjustment may be made elsewhere, either upon the assent of all parties interested, or by reason of necessity as in case of a disaster which prevents the comple tion of the voyage. When made in accordance with the law of the proper place, the adjust ment is binding everywhere.
While the rules relating to general average were established many centuries before insur ance was practiced, they are associated quite closely now with marine insurance. See :MA RINE INSURANCE, and consult the authorities re ferred to under INSURANCE.