Towage-Ch. 13

Question 1

Nature of the Relationship, per The White City

Answer 1

Towage is not a bailment, so the owner of the tow vessel still has to provide sufficient evidence to show that the damage occurred because of the tower’s negligence. a. Also, this cannot be considered a bailment because the vessel was permitted to go unmanned; whereas, a traditional bailment scenario involves oversight from receipt to delivery.

Question 2

Duty of Tug to Barge(Tow)

Answer 2

1. The Tug must exercise reasonable care in towing and mooring a. Furnish a seaworthy vessel with proper equipment 2. Attempts to contract away liability for negligence via exculpatory clauses are invalid. See. Bisso v.Inland Waterway Corp.

Question 3

Inferring Negligence on the part of the Tug

Answer 3

Res Ipsa Loquitur a. when evidence shows i. The damage occurred while the tow was in exclusive control of the tug ii. The most probable cause of the damage was the tug’s negligence NOTE: Courts will favor this as a means to avoid the harsh rule of The White City