Maritime low Essay Example | Topics and Well Written Essays - 1750 words

Maritime low - Essay Example This means that in order for there to be grounds or justification for a salvage operation, or effort, it is imperative that a vessel be identified as confronting imminent pr potential peril. The danger, or peril, referred to here implies the actual, imminent or potential confrontation of conditions which would, or already have, exposed the vessel to the threat of loss, destruction or deterioration. Not only that but, for salvage to be justified, the vessel in question cannot have the situation under control. Quite simply stated, if the supposedly endangered vessel has threat under control, then there are no grounds for salvage. Hence, salvage is predicated on the presence of a risk to all that which is on board the vessel. As pertains to the concept of danger, it is necessary to highlight the importance of English case law as regards its precise meaning and implications. This is because, even though the Merchant Shipping Act, 1995, sections 224 and schedule 111 have ratified the Salvage Convention, 1989 and, in so doing, conceded t its supremacy, the fact is that many terms remain undefined in the mentioned convention. Among these terms is that of danger which, although mentioned in Article 1(a) of the Convention is not defined by it. Precisely because of this, case law emerges as important. In the matter of Sem... In this instance, it is apparent that the term, as used in the context of the law of salvage, is encompasses varying degrees of threat/peril. The identification of the degree of danger which a vessel was confronting, or could probably confront prior to the salvage effort is, as outlined in Semco Salvage & Marine Pte. Ltd. v. Lancer Navigationessential for the determination of he amount of the salvage reward. Prior to defining the other components of the law of salvage, it is necessary to explain the precise nature of the services referred to. Under the law of salvage, and as Friedell (1979) explains, the referred to services are generally, and most commonly, towing services, as entails towing the imperiled vessel away from the endangering situation to safety. Apart from that, however, services further include any form of assistance rendered to an endangered vessel, including but not limited to, standing by the vessel until assistance arrives or moving persons on board the endangered vessel for the purpose of saving both life and maritime property (Friedell, 1979). Although the meaning of services is straightforward, it would be informative to turn to case law for determination of its precise implications. In the matter of Tavoulareas v Tsavliris & Ors [2003] EWHC 550 (Comm) (21 March 2003), the court reiterated the fact that within the context of salvage operations, services referred to any acts which were executed for the purpose of alleviating the danger confronting the vessel in question and, included both services which were contracted for and services which were not contracted for. In other words, services could be extended by any