Salvage

Question 1

In terms of salvage vs safety of life, what duty does a vessel/Master have?

Answer 1

A master has a duty to respond to vessels/persons in distress, and to the safety of life at sea.
They do not have a duty to perform salvage.

Question 2

What is salvage?

Answer 2

Salvage is a service rendered by a person who saves or helps to save maritime property in danger

Question 3

Three conditions for the right to salvage to exist:

Answer 3

• The Maritime Property must be in danger. This need not be present or imminent (I.e. prop fallen off and drifting into danger at some point
• Service rendered must be voluntary, with no pre-existing contract in place
• Must be wholly or partially successful

Question 4

Two main types of salvage agreement:

Answer 4

Basis of tarif, lump sum or daily rate. Agreed betwen company and salvagers where time allows

Basis that remuneration will be settled later
LLoyds Open form

Question 5

Benefits of the Lloyds Open Form

Answer 5

It does not need to be on board

Allows salvers to get on with the job at hand

No cure, no pay

English Law applies to claims

Excessive claims are avoided, as value of salv cannot exceed total worth of property

Question 6

What is meant by the SCOPIC clause?

Answer 6

The scopic clause determines a method of assessing special compensation, when the salver has minimised impact to the environment

Question 7

Can there still be reward if the salvage is unsuccessful?

Answer 7

YES, if the SCOPIC clause has been agreed upon