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

Maritime low - Essay ExampleThis means that in order for in that respect to be grounds or justification for a redeem operation, or effort, it is imperative that a watercraft 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 vas to the curse of loss, destruction or deterioration. non only that but, for alleviate to be justified, the vessel in question cannot have the situation under control. preferably 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 sum and implications. This is because, even though the Merchant Shipping Act, 1995, sect ions 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. low 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. obscure from that, however, services further include any form of assistance rendered to an endangered vessel, including but not special(a) 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 informatory 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 address 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 con tracted for. In other words, services could be extended by any