364.  The  objection  to  make  general  average  contributions  has  Does  the  obli-
been  said  to  arise  out  of  an  implied  contract  among  those  interested  frftute
in  the  adventure  (d).     And  as  between  shipper  and  shipowner  an  "^^^f^^^^"^
agreement  of  the  kind  may  well  be  implied  in  the  contract  of
carriage  (e).     But  as  between  shippers  who  are  not  brought  into
communication  with  one  another,  it  is  difficult  to  see  how  any
contract  among  them  arises ;  unless  the  shipowner,  or  his  repre-
sentative, in  contracting  with  each  one,  can  be  said  to  represent  all
the  rest.     It  is  simpler,  and  perhaps  more  reasonable,  to  say  that
each  shipper  by  shipping  his  goods  subjects  himseK  to  the  estab-
lished rules  of  law  on  the  subject,  which,  in  certain  events,  give
rights  of  contribution  to  himself,  or  to  his  co-adventurers,  as  the
case  may  be.     Abbott,  C.  J.,  in  Simonds  v.  "White  (/),  said :  "  The
obligation  to  contribute,  therefore,  depends  not  so  much  upon  the
terms  of  any  particular  instrument  as  upon  a  general  rule  of

(5)  Abbott  (Sth),  332.  {d)  See  per  Bramwell,  L.  J.,  Wright

(c)   "Lege   Ehodia,   oavetur,    nt,    si      i>.  Marwood,  7  Q.  B.  D.  62,  p.  67.
levandse  navis  gratia    laotus  mercium  ,,.,  „         nc^^n.
.    ,       .^  .  i  .,    i.  .  '    W  Anderson  V.  Ocean  S.S.  Co.,  10  A.
lactus  sit,  omnium  oontnbutione  saroia-      p,     „»

tiir,   quod  pro  omnibus  datum  est "  •

Dig.  lib.  xiv.  tit.  2,  fol.  1.  (/)  2  B.  &  C.  805,  at  p.  811.
430  THE  VOYAGE.
