Section § 420

Explanation

This law states that marine carriers, like ships transporting goods, are generally responsible for any loss or damage to goods in the same way as inland carriers, like trucks or trains. However, they're not responsible for losses caused by sea-related dangers or fires.

A marine carrier is liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or fire.

Section § 421

Explanation

This law states that the responsibilities and obligations of sea transport companies, known as common carriers, are controlled by federal laws set by Congress. That means if you are dealing with a shipping company, their duties are established by national laws.

The liability of a common carrier by sea is further regulated by acts of Congress.

Section § 422

Explanation

This law section defines "perils of the sea" as various dangers one might encounter while at sea. These include natural threats like storms, waves, and climate changes, physical obstacles such as rocks and rapids, and man-made obstacles. It also mentions confinement during sea travel and sea-specific animals as risks, along with any other unique sea dangers.

Perils of the sea are:
(a)CA Harbors And Navigation Code § 422(a) Storms and waves.
(b)CA Harbors And Navigation Code § 422(b) Rocks, shoals, and rapids.
(c)CA Harbors And Navigation Code § 422(c) Other obstacles, though of human origin.
(d)CA Harbors And Navigation Code § 422(d) Changes of climate.
(e)CA Harbors And Navigation Code § 422(e) The confinement necessary at sea.
(f)CA Harbors And Navigation Code § 422(f) Animals peculiar to the sea.
(g)CA Harbors And Navigation Code § 422(g) All other dangers peculiar to the sea.

Section § 423

Explanation

This law states that a marine carrier should not store cargo on the deck during a trip unless this is the normal practice. It also forbids making unjustified changes to the planned route or causing unnecessary delays. Additionally, the carrier must not do anything unnecessary that would make standard freight insurance void.

A marine carrier shall not stow freight upon deck during the voyage, except where it is usual so to do, nor make any improper deviation from or delay in the voyage, nor do any other unnecessary act which would avoid an insurance in the usual form upon the freight.

Section § 424

Explanation

If something goes wrong with a ship, and the captain has to sell some of the cargo to cover repair and supply costs, the ship's owner must pay the original owner of the cargo the market value of what was sold when the ship arrives at its destination.

The owner of a vessel is bound to pay to the owner of her cargo the market value, at the time of arrival of the ship at the port of her destination, of that portion of her cargo which has been sold to enable the master to pay for the necessary repairs and supplies of the vessel.

Section § 425

Explanation

This law states that if a water vessel is in serious danger, the ship's crew can throw cargo overboard to protect the vessel and remaining cargo. This act is known as 'jettison.' When this happens, the resulting loss is shared by all parties with a stake in the cargo, referred to as a 'general average loss.'

A carrier by water may, when in case of extreme peril it is necessary for the safety of the vessel or cargo, throw overboard, or otherwise sacrifice, any or all of the cargo or appurtenances of the vessel. Throwing property overboard for such purpose is called jettison, and the loss incurred is called a general average loss.

Section § 426

Explanation

This law suggests that when items need to be thrown overboard from a ship to lighten it, start by getting rid of the largest and least valuable items first.

So far as possible, a jettison shall begin with the most bulky and least valuable articles.

Section § 427

Explanation

Only the captain of a ship can decide to throw cargo overboard (called a jettison) unless the captain is unable to do so, or there's an urgent need. In those cases, someone else on the ship can make the decision.

A jettison can be made only by authority of the master of a vessel, except in case of his disability, or of an overruling necessity, when it may be made by any other person.

Section § 428

Explanation

This law says that if any part of a ship or its cargo is deliberately thrown overboard to save the rest, everyone who benefits from this decision must share the cost. This includes the ship, its equipment, freight costs, and cargo. Additionally, the owner of the item thrown overboard is also responsible for sharing the cost.

The loss incurred by a jettison, when lawfully made, shall be borne in due proportion by all that part of the vessel, appurtenances, freightage, and cargo for the benefit of which the sacrifice is made, as well as by the owner of the thing sacrificed.

Section § 429

Explanation

This law explains how losses shared among parties in a maritime venture, known as 'general average loss,' are calculated. Each party's share of the loss depends on the value of their interest compared to the total value involved. Additionally, if the loss calculation (adjustment) is valid at the end of the voyage, it is recognized as valid everywhere else.

The proportions in which a general average loss is to be borne shall be ascertained by an adjustment, in which the owner of each separate interest shall be charged with that proportion of the value of the thing lost which the value of his part of the property affected bears to the value of the whole. But an adjustment made at the end of the voyage, if valid there, is valid everywhere.

Section § 430

Explanation

This law explains how to calculate the value of losses for general average, which is a maritime principle where all parties share losses when cargo is sacrificed to save a ship. It states that the ship's value should be assessed at the journey's end, the payment for shipping goods should be valued at half the amount due when they're delivered, and the cargo should be valued at the time and place it's unloaded. These values should include any compensation received from the loss-sharing process.

In estimating values for the purpose of a general average, the vessel and appurtenances shall be valued as at the end of the voyage, the freightage at one-half the amount due on delivery, and the cargo as at the time and place of its discharge; adding, in each case, the amount made good by contribution.

Section § 431

Explanation

If your belongings are stored on a ship's deck and have to be thrown overboard for safety, you can only claim compensation through a shared loss fund if it's common practice to store those items on the deck for that type of trip.

The owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only if it is usual to stow such things on deck upon such a voyage.

Section § 432

Explanation

This law states that if a captain or crew makes a deliberate decision to sacrifice property on a ship, or if they incur expenses to protect the ship and its cargo from unexpected dangers, the rules for jettison (throwing goods overboard) and general average (sharing the costs of sacrifices made to save the ship) apply in the same way. Essentially, it confirms that these principles of fairness and cost-sharing extend to any voluntary actions taken to prevent disaster at sea.

The law concerning jettison and general average is equally applicable to every other voluntary sacrifice of property on a vessel, or to an expense necessarily incurred, for the preservation of the vessel and cargo from extraordinary perils.