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Published byIrvin Branson Modified over 10 years ago
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Chapter 14: Salvage Chapter 15: General Average
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A. Contract Formation & Terms §14-1 Nature/Elements of Marine Salvage ◦ Historical reasoning ◦ Applicable Law/jurisdiction ◦ Lien created ◦ Types of Salvage ◦ Elements of salvage claim
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Only maritime property can be object of salvage (no def. of “maritime property”) E.g. floating logs, crashed aircraft
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Anyone ! (kindof) OK well not just anyone ;) Extraordinary efforts
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Salvor represents that effort will be performed with reasonable skill/care. Thus Salvor can be liable for negligence, reducing salvage award. If no success/award, then no liability.
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When? Traditional Criteria ‘89 Convention Criteria Max Award Value consideration Who is liable Charter party situation SOL
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Salvor acts to save maritime property after entering agt to use best endeavors. Freedom of K applies Various provisions permitted, often found in “Lloyd’s Open Forum” contract form.
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Spoils contestants Applicable rules International Law National Jurisdiction Salvage or “Finds” Government Interests Cultural/Historical Heritage
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General rule Modified rule Duty to save life 3 Life Salvage situations Negligence liability
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1989 Salvage Convention ◦ Environment! ◦ Coastal state rights ◦ Success UNESCO Convention on Protection of Underwater Cultural Heritage
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§15-1 Basic Principles ◦ “Average” ◦ “Particular Average” ◦ “General Average” def’n. ◦ Historical ◦ nowadays
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Requirements for GA loss (3) Ralli Case (1985) York-Antwerp Rules GA recovery limitation Allowed recovery under YAR Not allowed under YAR
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First calculation of GA Ship recovery requirements Irwaddy case (1898) Jason case (1912) COGSA and Jason New Jason Clause Unseaworthiness expenses Deviation Latent Defects Losses caused by 3P
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Normal procedure Shipowner duty re: cargo sacrifice Liens Underwriter process Determination of contributions YAR guidelines GA statement Cause of Action location
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