Salvage/Andrea Barron 17
Towage is seen as a duty that exists when the owner and tug have engaged in a
towage contract for the provision of a tug to assist a vessel to which there is currently no
peril,
Salvage does not relive the tug of any obligations under that towage contract
However, there is an important principle that must be understood. A salvage contract, such as
Lloyds open form, can be entered into as binding without any initial security or payment.
Once agreed, securities must be provided but, they are not essential for LOF operations to be
started in the interests of suecess and protection of the environment.
Masters should be wary that, in order to force an owner's hand into Salvage, a towa
contract may impose unreasonable up-front payments, The 1989 Salvage convention does not
allow reward if there was undue pressure to accept Salvage terms.
Masters, in protecting the Marine environment and saving property may find
es forced into Salvage. If so, they should try to arrange LOF. This allows the owner
to take the case to London in order to prevent unfair payments,
Locally enforced Salvage payments under the convention may not take into account
the principle of forced salvage and therefore should be avoided if necessaryOfficers Legal Duties - A
Straightforward Guide
by Captain Barry SadlerAndrea Barron
Introduction
Introduction
Legal Aspects ~ Masters and Officers
This chapter looks to consolidate the many smaller but, none the less crucial, k
principles that apply to the Master and Officers of a ship,
We will focus on the following
Who the master legally represents through his duties and duty of care
Prohibition notice
SOLAS V Obligations of the Master
Masters Duty to repatriate
Notes of protest