Jason Clause

The New Jason clause is a bill of lading and charterparty provision that lets the shipowner recover general average contributions from cargo even when the casualty arose from a navigational or management fault for which the carrier is not liable. It answers the US position: in The Jason (1912) the Supreme Court held that, because the Harter Act 1893 (and later US COGSA) relieves the carrier of liability for negligent navigation, the carrier may still claim general average where it has exercised due diligence to make the ship seaworthy. The clause is needed because Rule D of the York-Antwerp Rules preserves contribution despite fault but does not override contrary national law without express incorporation.