jlrogers±³© wrote:
When is it salvage and when is it stealing?
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jlrogers±³©
It's salvage when property or goods are saved from damage or
destruction.
It is stealing when you take something that does not belong to you,
like in Britian now. The stuff in the surf is Ligan, and belongs to the
owner of the ship. The vessel was not a derelict.
The guy who got a tractor out and walked with a dozen BMW's has to
report the salvage, and will get compensated for his efforts. The
amount will be decided by a judge. If he does not report the salvage he
is stealing.
There are two type of salvage, contract salvage and pure salvage.
Contract salvage occurs when a contract is made prior to commencement
of salvage operations, the amount of compensation is fixed and the
salvor is paid regardless regardless of whether the salvage is
successful or not. When a ship or boat has been rescued or salvaged
without prior agreement between the owner and salvor or an agreement is
made but not for a fixed amount, this is known as pure salvage . In
this case the salvor can legally claim recompense or a salvage claim.
It is also pure salvage when the ship's master signs an open form
salvage agreement with no fixed compensation. This is a contingency
contract that leaves the value of the salvage operation to be decided
at a later date and both parties agree to binding arbitration in the
case of a dispute. The best-known open form is the Lloyd's Open Form
salvage contract, which was developed by Lloyd's of London and states
"no cure - no pay". Although this rule seems to the disadvantage of the
owner of the ship, its purpose is to encourage potential salvors to
risk their vessels and use their working time for the benefit of both
themselves and the ship owner. In order for a claim to be awarded three
requirements must be meet: The vessel must be in peril, the services
must be rendered voluntarily, in other words there is no contractual
obligation, and finally the salvage must be successful.
I have a copy of Lloyds LOF aboard RedCloud, you never know when you
can become the owner of a ship.
http://web.uct.ac.za/depts/shiplaw/fulltext/lof2000.pdf
Joe