Maritime Law: Critically Discuss the Concept of Salvage as Found in the Law of England and Wales - Essay Example

Download file to see previous pages Essentially, the owner of the vessel in peril does not have to authorize the rescue efforts. It is assumed that a prudent owner would accept the salvage terms offered if time and circumstances allowed for negotiations. The right to salvage compensation is a legal liability arising from the fact that a property has been recovered. It is recognized that an individual who voluntarily risks his life and property to successfully rescue another vessel in peril at sea should be appropriately rewarded by the owner of the saved property. The amount of compensation for rescue efforts is not only evaluated to reward the humanitarian efforts but also to encourage marine commerce. Therefore, the amount of reward given is not measured in relation to the labour and time that the salvors provide. In reality, the courts have allowed for liberal rewards even when the little effort has been put in. 2. Conditions required There are basic conditions that must be met for a salvage claim to be valid in the eyes of the law. First, the equipment under salvage must fit in the defined categories of recognized vessels. The vessel must also be in peril or imminent danger. The definition of peril and danger is broad since the scenarios in the sea are expansive. The salvor must act voluntarily without the necessity of a contract. Also, the action of salvage must be successful for a claim of payment to be valid. 2.1. Recognized Subject Matter for Salvage In the early times, salvage only recognized a ship and the cargo on board. However, the definition of the subject matter has been expanded in the recent times culminating into the 1989 Salvage Convention which is in line with the Merchant Shipping Act. A vessel includes any ship or structure that can navigate in the seas. The cargo carried in a vessel is considered under the subject matter for salvage. All the merchandise that is carried in the vessel is included in the consideration of claims in regard to salvage compensation. However, according to The Winson [1982] 1 Lyod’s Rep 117, personal effects and items for ordinary use are not considered as subject matter for salvage claims. The freight at risk is also considered under the subject matter of salvage. This is in cognizance of the fact that the freight in the vessel could have otherwise been raised save for the rescue effort. Notably, the freight which is advance is not considered as a subject of salvage. The money that is required for passage fees is also included as freight. In the case law of The King v Forty-nine Casks of Brandy [1836] 3 Hagg 257, it was held that the wreck of the ship is also part of the subject matter in salvage consideration. According to Davis (2004), the jetsam, flotsam and lagan found at the sea or shores of the sea are considered a part of the wreck. The issue of life salvage has also been a subject of debate in the realm of maritime law. Life salvage is only payable out of the property that is salvaged. For salvage claims to be valid, there must be something saved more than life. Essentially, saving only a life does not warrant a sufficient ground for salvage claims. It should be noted that the protection of the environment is considered as part of salvage. Accordingly, a valuable service that is performed to help the community must be rewarded. 2.2 Real Danger on the Vessel Under the maritime law, the vessel to be rescued ...Download file to see next pages Read More