What is AVERAGE? Definition of AVERAGE in Black's Law Dictionary
A mean proportion, medial sum or quantity, made out of unequal sums or quantities. Brisendine v. Skousen Bros., 48 Ariz. 416, 62 P.2d 326, 329, 112 A.L.R. 1089; Long v. Ottumwa Ry. & Light Co., 162 Iowa, 11, 142 N.W. 1008, 1015.
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In ordinary usage the term signifies the mean between two or more quantities, measures, or numbers. If applied to something which is incapable of expression in terms of measure or amount, it signifies that the thing or person referred to is of the ordinary or usual type.
Average charges
"Average charges for toll and transportation" are understood to mean, and do mean, charges made at a mean rate, obtained by dividing the entire receipts for toll and trans. portation by the whole quantity of tonnage carried, reduced to a common standard of tons moved one mile. Hersh v. Railway Co., 74 Pa. 190.
Average prices
Such as are computed on all the prices of any articles sold within a certain pea riod or district.
General average (also called "gross") consists of expense purposely incurred, sacrifice made, or damage sustained for the common safety of the vessel, freight, and cargo, or the two of them, at risk, and is to be contributed for by the several interests in the proportion of their respective values exposed to the common danger, and ultimately surviving, including the amount of expense, sacrifice, or damage so incurred in the contributory value. Star of Hope v. Annan, 9 Wall. 203, 19 L. Ed. 638; Lex Rhodia, Dig. 14, 2, 1.
"General average" is a contribution by the several interests engaged in a maritime venture to make good the loss of one of them for the voluntary sacrifice of a part of the ship or cargo to save the residue of the property and the lives of those on board, or for extraordinary expenses nec essarily incurred for the common benefit and safety of all. California Canneries Co. v. Canton Ins. Office, 25 Cal.App. 303, 143 P. 549, 553. The law of general average is part of the maritime law, and not of the municipal law, and applies to maritime adventures only. Ralli v. Troop, 157 U.S. 386, 15 S.Ct. 657, 39 L.Ed. 742.
Gross average
More commonly called "general average" ( q. v.). Where loss or damage occurs to a vessel or its cargo at sea, average is the adjustment and apportionment of such loss between the owner, the freight, and the cargo, in proportion to their respective interests and losses, in order that one may not suffer the whole loss, but each contribute ratably. Coster v. Insurance Co., 2 Wash.C.C. 51, 6 Fed.Cas. 611.
Particular average is a loss happening to the ship, freight, or cargo which is not to be shared by contribution among all those interested, but must be borne by the owner of the subject to which it occurs. It is thus called in contradistinction to general average. Bargett v. Insurance Co., 3 Bosw. (N.Y.) 395.
Petty average denotes such charges and disbursements as, according to occurrences and the custom of every place, the master necessarily furnishes for the benefit of the ship and cargo, either at the place of loading or unloading, or on the voyage; such as the hire of a pilot for conducting a vessel from one place to another, towage, light money, beaconage, anchorage, bridge toll, quarantine and such like. Park, Ins. 100; Le Guidon, c. 5, a. 13; Weyt, de A. 3, 4; Weskett, art. Petty Av.; 2 Phill.Ins. § 1269, n. 1; 2 Arnould, Mar.Ins. 927.
Simple average is the same as "particular average"(q. v.).
In maritime law
Loss or damage accidentally happening to a vessel or to its cargo during a voyage. Also a small duty paid to masters of ships, when goods are sent in another man's ship, for their care of the goods, over and above the freight.
In old English law
A service by horse or carriage, anciently due by a tenant to his lord. Cowell. A labor or service performed with working cattle, horses, or oxen, or with wagons and carriages. Spelman.
Stubble, or remainder of straw and grass left in corn-fields after harvest. In Kent it is called "gratten," and in other parts "roughings."
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Thats's the Definition of AVERAGE in Black's Law Dictionary
