Salvage & General Average

Question 1

Requirements for salvage

Answer 1

Volunteer
successful
property in danger

Question 2

1.

Conditions for salvage

Answer 2

Maritime adventure/ property
tidal waters (outside port juridiction/ harbour authority)
Property in danger
Voluntary
Success

Question 3

Principles of Salvage

Answer 3

No cure no pay
property in danger
voluntary nature

Question 4

voluntary nature

Answer 4

no legal, contractual, official duty
policeman, coastguards, harbourmasters have duty to safe lives, not voluntary

Question 5

no cure no pay

Answer 5

saves the vessel
contribute to safety of vessel, gear or cargo
contribute to safety of lives onboard
unless there is a separate contract to pay regardless of ultimate safety of property concerned

Question 6

Property in danger
robp

Answer 6

real and not imagined ( no need for immediate)
onus of proving danger on salvor
better situation after than before
prevent piracy, removing vessel from fire, pilotage etc

Question 7

Onus of proving danger

Answer 7

state of vessel
position
condition of crew
danger to environment
distress signal
crew readily accepted help

Question 8

Salvage Agreements

Answer 8

bargain reward before salvage
formal acknowledgement that help is needed, actually being salvages, salvor right to use salved gear
Lloyds open form (special compensation for saving env)

Question 9

During Salvage

Answer 9

keep record of circumstance of rescue
no negotiaion, payment, settlement, admission, repudiation
for insurance, soliciters

Question 10

General Average

Answer 10

extraordinary sacrifice, expense for preservation of ship and cargo
losses borne proportionally by all interested
always applicatble,not dependent on contract
absense of specific reference will be accordance to law & customs of port of destination or abandoment
YAR

Question 11

Conditions for general average

Answer 11

1. common danger to whole adventure, all property owners
2. Real and intentional sacrifice or expense
3. Reasonable or necessary sacrifice or expenditure (subject to review if contested)
4. Actionable fault (not caused by person claiming contribution)
5. Property must benefit (saved, better position)

Question 12

York Antwerp Rules

Answer 12

voluntary code for uniformity
individual interpretation -> revision
assumed by underwriters
if no reference, port of destination/abandonment adopted
no statutory or legislative force but contractually binding if adopted
numbered (specific application) prevail lettered (general principle)
prevail law or practice if incorporated