INTRODUCTION Salvage and Towage are two concepts widely known in the maritime world, nowadays offering employment to many specialized professionals. Prior to the emergence of power-moved vessels, towage was considered an operation of one vessel towing another -in distress- vessel. As ship development moved forward, towage became more commercial, with businesses established mainly in ports and rivers. Various size vessels required towing, so tug fleets became more versatile to adapt to every need, even salvage. Some of these tug owners focused their business on salving ships in distress, thus the concept of salvage emerged. In modern days misconceptions between salvage and towage, have been the spark of ignition between shipowners and tugowners, especially since their relationship became contractual. The scope of this paper is to illustrate the ways in which salvage and towage are different. The work of law experts was studied as well as a number of law cases, which assist in drawing useful conclusions. SALVAGE The concept of salvage entails the provision of assistance to a maritime property, mainly a ship, cargo or both which is facing a potential threat, officially described as “danger”; the main point differentiating salvage from towage. Danger, referring to either a present or a potential hazardous situation, has to be evidenced in court by the salvor in order for a claim to be considered as a salvage claim (Institute of Maritime Law, 2008, p.186). A lawful salvage claim must describe a voluntary service, and also a “place of safety” which the salved vessel has reached in order for the salvage services to be concluded (Baughen, 2012). This location can be agreed upon between the contracting... ... middle of paper ... ...has happened in numerous common law cases, with most of them featuring disputes between the contracting parties on salvage superseding towage. It is worth mentioning “The Homewood” (1928), a case of a steamship, engaged in a towage contract, breaking free from her tow because of adverse weather. As a result her crew was rescued into a lifeboat and the vessel drifted crewless, however the tug resumed with the towage. The fact that the steamship’s crew were rescued and that the vessel itself had no one on board was considered a “present danger”, entitling the tug to salvage compensation (Mandaraka-Sheppard, 2009, p.726). Lastly, another difference is that a tugowner cannot have a maritime lien on the tow for the prefixed towage payment; however salvors have that right, since salvage claims have the backing of maritime liens (Institute of Maritime Law, 2008, p.185).
There are plenty of ship remains. The Titanic remains are sitting on the Atlantic Ocean sea bed. The Titanic sits on the sea bed 1,2400 feet below the surface, 3,780 meters!
work on backup procedures and charts helped set a safe path for the crew's return to
The Viking Islay was, and still are (2014-01-24), a UK registered ship in the ERRV class. ERRV is an abbreviation of Emergency Rescue and Recovery Vessel. ERRV ships are at most times laying stand-by alongside to one offshore installation or a “community” of installations with main duty of rescuing/recovering people from the water and provide them with medical first aid. During accidents the ERRV ships are acting as an OSC (On Scene Coordinator) as well as they can act as an extra radio station if there is not possible to continue broadcast signals from the offshore installation. Further on the ERRV ships duties include to protect the installation, and therefore monitor the safety zone around the installation. The safety zone is a circular five hundred meters area where ships are not allowed to go in without permission from the installation. If any ship is proceeding towards the installation without permission the ERRV ship will act as a guard and make efforts to stop the threat.
The R.M.S. Titanic may just be the most infamous mail ship to ever set sail. R.M.S. is an abbreviated term that stands for “Royal Mail Ship”, thus making the Titanic one of the worst cases of lost mail there ever was. The five clerks handling these parcels of mail had the tasks of checking and storing mail that was not to be opened until the Titanic was docked. The sea clerks managing this mail, however, received a raw deal. As the ship began to sink, the clerks quickly realized what was to become of the mail. They frantically rushed the mail to the deck hoping a lifeboat would take it with them or a rescue ship would save the mail. Sadly, the clerks perished while trying to save the legacy of the royal mail ship. The parcels were stored in
In 1781, a ship called the Zong was a slave ship that was transporting many African slaves to the Caribbean. Through a series of miscalculations, the crew found itself short of water many days before it would reach its destination. In addition to lack of water, the captives had started to become ill, which significantly lowered the price for each of the slaves. Because of this, the captain and crew decided to get rid their human cargo by throwing them overboard and drowning them. To compensate for this loss, they filed an insurance claim to be paid for the lost slaves. The Zong trail that followed was to decide if this case represented insurance fraud, deciding if the crew got rid of the cargo in order to file an insurance claim. In the
The finder will also not prevail over the owner of the premises if the property is mislaid. In Hannah vs Peel it was established that the owner of the premises has a better chance of returning the property to the true owner who misplaced the owner of the premises will also prevail over the finder when the property is mislaid on the owner of the premises land.
(Blackburn, 1999:127). ‘Theseus’ ship’ is used to illustrate this. The ship goes on a long voyage and is in need of constant repair and maintenance. By the end of the voyage, all the components of the ship have been changed.
Damages- Can be sought only if there is a breach in contract, according to common law. Under a commercial natured contract, if a breach of contract occurs, damages cannot be sought, with some exceptions. As seen in Dillon v Baltic Shipping Co (The Mikhail Lermontov) (1991) 22 NSWLR 1 if a persons enjoyment, relaxation or peace of mind are affected by distress they can seek
-Customer service, an individual, will ensure that all customer is cared for and are informed of the schedules of the vessels and current situation. Customer service is also liable for including the releases and all proper documentation for the customer prior to any parcel release. Customer service is to inform customer of what may and may not be transported on the Matson vessel and to include all hazardous materials in a daily report.
any given day, thousands of fishing boats are out on the ocean, prowling the seas. Many trail strong,
There is no guarantee the ship could be preserved. The project could be canceled at any moment costing you money. The ship could cave in at any moment, stopping the project. Preserving it could be more damaging than leaving it alone.
One of the biggest changes since the Titanic is that cruise ships are required to have enough lifeboats for all of the passengers on board.[footnoteRef:14] Most cruise ships have extra deployable rafts for adequate safety in the event of an accident. On top of having the proper number of lifeboats, cruise ships now are also required to have life vests for everyone on board. These are just some of the changes made as a direct result of the Titanic. In addition to having enough lifeboats, all cruise liners are required by law to complete a successful muster test. A muster test is designed to run through the exact procedure that would be used in the event of a life threatening scenario such as what the Titanic faced. [14:
The aftermath of The Titanic sinking was hard on the passenger that were left. “The Carpathia came to the rescue of the survivors in the boats. She arrived on the scene where the Titanic had gone down at 4.30 a.m. She picked up 712 survivors (but one died shortly afterward) and 14 lifeboats. She took them to New York” (Titanic Aftermath). They then discovered that there should of been 26 life boats to haul all of the passengers and crew members on board. Even though the bulkheads were strong they didn't save the ship.
"1- The name of the insured, or of some person who effects the insurance on his
In and out of the box. Cargo work, audits, surveys, and administration visits. It is not just the business that has changed, ports themselves have developed. Expansive new ports and stretched out terminals are liable to be remote and segregated, far from the conventional urban communities and populaces. So distant from civilization, that seafarers' choices, when they do have time off-ship, are progressively constrained – and costly.