1. NATURE OF THE SUBJECT 1
Introduction 1
Elements of the law of salvage 1
Sources of the modern law 3
Terminology 9
Definition 11
Civil salvage and military （prize） salvage 12
Underlying principles 13
Equitable basis 13
Twin bases of law of salvage 18
Receipt of a benefit 20
Rights of salvors are essentially independent of contract 23
Restitution for unjust enrichment 25
Public policy 28
Professional salvors 34
Intention and voluntariness 42
Acceptance and officiousness 44
Remoteness of benefit 54
2. HISTORY 71
General 71
Admiralty jurisdiction 85
Introduction 85
Early jurisdiction over wreck 87
Extension of jurisdiction to preservation from shipwreck 91
The Act of 1713 92
The Act of 1753 94
The Act of 1809 95
Frauds by Boatmen Act 1813 96
Frauds by Boatmen Act 1821 97
Admiralty Court Act 1840 98
Wreck and Salvage Act 1846 99
Merchant Shipping Act 1854 100
Admiralty Court Act 1861 101
Naval Agency and Distribution Act 1864 102
County Courts Admiralty Jurisdiction Act 1868 103
Merchant Shipping Act 1894 104
Twentieth century developments 105
Salvage at common law 110
3. SUBJECTS OF SALVAGE 141
1. MARITIME PROPERTY 141
Introduction 141
Vessels, ships and boats 149
Apparel 157
Property on board the ship not owned by the shipowner 161
Ship's provisions 166
Cargo 168
Personal effects and luggage 175
Wreck 182
Former definition 182
Flotsam, jetsam and lagan 185
Admiralty Court's current jurisdiction 186
Derelict 190
Freight and hire 194
Freight generally 194
Charterparty remuneration 197
“Freight at risk” 207
Conclusions 209
Passage money 215
2. LIFE SALVAGE 223
The common law rule and practice 223
The legal rule 223
The practice 224
Several salvors 225
Liability at common law 226
Effect of statutory changes 227
Explanation of the common law position 228
Life salvage by agreement 231
Life salvage under statute 236
Early statutes 236
Merchant Shipping Act 1894, ss. 544-545 237
Principles of interpretation 238
Intention to save lives only 239
General rule 239
Foreign vessels 240
Extension to aircraft 241
Property must be saved 242
Interest in property saved 243
Interest in property saved irrelevant to liability. The property need not have been “salved” 246
Extent of reward limited to value of property preserved 254
Discretionary payments of life salvage 255
The lives in question 256
“British waters” 257
Priority 260
3. AIRCRAFT 261
History 261
Application of law of wreck and salvage to aircraft 267
Jurisdiction in respect of aircraft 269
Definition of “aircraft” 270
Salvage services by or to aircraft 272
Locality 273
4. HOVERCRAFT 274
5. ROYAL FISH 278
4. DANGER AND SALVAGE SERVICES 301
Danger 301
Danger as the foundation of salvage 302
Degree of danger 304
Vessels already damaged 305
Condition of vessel 306
Type of danger 307
Danger to salvors 308
Knowledge of danger 309
Location of danger 310
Proof of danger 311
Evidence of danger 312
Signals 315
Non-physical danger 317
Classification of salvage services 323
Passive salvage 329
Duration 331
Importance 331
Salvage in stages 335
Duties on termination 342
5. SALVORS 361
General pre-requisites of claims 361
Classification of salvors 362
The rule of personal service 364
Owners of salving vessels 370
Ownership and possession of salving vessels—claims of owners and charterers 374
Demise charterparties 380
Salvor's relationship to salved property 399
The salved ship 400
The salved cargo 408
Salving crew 412
6. VOLUNTARINESS 431
1. EXCLUSION OF NON-VOLUNTEERS 431
General rule as to voluntariness 431
Moral obligation 437
Pre-existing duty to owner of salved property 438
Beneficiary of pre-existing contractual or of sacial duty 439
Pre-existing custom, usage or agreement 441
Pre-existing contract for work and labour 446
Interest of self preservation 447
Statutory duties not precluding claims for salvage 448
Gratuitous salvage 454
2. WHEN VOLUNTEERS MAY CLAIM 459
The master, officers and crew 460
General principle 460
Discharge by master 464
Abandonment of the vessel 465
Hostile capture 474
Salvage service 480
Parties governed by these rules 481
Pilots 483
Tugs 496
Towage 496
From towage to salvage 499
The effect of danger supervening 500
Effect on the contract 503
The tests for salvage by tugs 510
Towage as salvage ab initio 514
Towage contract providing “no salvage charges” 515
Burden of proving conversion of towage into salvage 516
Foyboat men 520
Lloyd's agents and ship's agents 521
Passengers 527
Crown ships, officers and men 532
General principle 532
Extent of duty 535
Type of danger and degree of performance 538
Admiralty's consent to claim 539
Assessment of award 541
Beneficiaries of the duty 543
Place of performance of duty 545
Claims by the Crown 546
Officers and crew of other Crown ships 554
The Royal Air Force, its officers and men 564
Royal Army 569
Coastguard officers and men 570
Statutory authorities and their servants 575
Receivers of wreck 579
Magistrates and other officials 581
Lifeboatmen 583
Sub-contractors 591
7. SUCCESS 611
General principles 611
Preservation of property 613
Requested services 615
Special contracts 616
The master's authority 617
Salvage agreements 619
Loss of damage after preservation 620
Meritorious contributions to success 621
Doubt as to value of service: court favours salvors 622
Services not contributing to success 623
Incompleted service leaving vessel in greater danger 624
Engaged services 629
Compensation for supercession of engaged services 640
The common law 641
Lloyd's Form 649
Oil pollution 661
8. SALVAGE AGREEMENTS 681
1. TYPES OF SALVAGE AGREEMENT 681
Introduction 681
Agreements excluding salvage 685
Contractual salvage 691
The Lloyd's Form of salvage agreement 692
2. PERSONS BOUND BY SALVAGE AGREEMENT 693
General principles 693
Authority 694
Agents' actual authority, express and implied 694
Breach of warranty of authority 695
Apparent, or ostensible, authority 695
Usual authority 696
Authority of necessity 697
Authority by ramification 701
Agency and salvage 702
Salved vessel's master's power to bind shipowner 706
Reasonable necessity 709
Benefit 711
Settlement of claim 712
Arbitration 714
Authority of person other than master to bind salved vessel 715
Owners of salved cargo, freight, bunkers, etc. 716
Shipowner acting in personal capacity 717
Authority to bind persons other than the shipowner 720
Salving vessel 723
Master's power to bind owners by salvage agreement 723
Master's power to bind officers and crew by salvage agreement 726
Power of owners to bind master and crew 731
Agreement with one of several salvors or salvees 735
3. EFFECT TO SALVAGE AGREEMENT 736
Prima facie effective 736
General principles 736
Independent assessment different 737
True salved values different 738
LOF 1980 740
Proof 741
Existence of agreement 741
Fairness of agreement 742
Invalidity 745
Admiralty jurisdiction still applies 746
Denial of salvage estopped 750
4. VITIATION 753
Introduction 753
Maritime law—fairness and justice 754
Fraud or collusion 755
Non-disclosure 759
Misrepresentation 769
Mistake 777
Compulsion and inequity of terms 789
Inequitable terms alone 801
Inequitable settlements 804
5. TERMS OF THE CONTRACT 805
6. DISCHARGE 806
Grounds 806
Agreement or consent 807
Supervening circumstances 808
9. DUTIES OF PARTIES 831
1. INTRODUCTION 831
2. CONTRACTUAL LIABILITY 832
Introduction 832
Origins of liability 833
Reduction of liability 834
Application to salvage 835
Definition of salvage 836
3. IMPLIED TERMS 838
Contracts for the sale of goods 838
Contract of sale 838
Implied terms 840
Reduction of liability 841
Contracts for the supply of goods 842
Contracts for the transfer of property in goods 842
Contracts for the hire of goods 843
Implied terms 844
Reduction of liability 845
Contracts for the supply of a service 846
The contracts concerned 846
Implied terms 847
Reduction of liability 850
Care and skill 852
Time for performance 853
Consideration 855
Personal performance 858
Successful performance 861
Common law implied terms 863
4. REDUCTION OF LIABILITY 866
The common law 866
Statute 868
Unfair Contract Terms Act 1977 869
General provisions 869
Sections 2 to 4 and 7 870
Status of parties 872
Contractual and tortious liability 874
Relevant contractual clauses 875
The requirement of reasonableness 876
Effect of breach 879
Death or personal injury 880
Negligence liability generally 881
Liability arising in contract 882
5. FAILURE OF PERFORMANCE 887
Breach of contract 887
Time 890
The effects of breach of a contract of salvage 891
6. LLOYD'S FORM DUTIES 894
Best endeavours and oil pollution 894
Duties during salvage operations 896
Safe conveyance of salved property to destination 897
Reimbursement under the salvage contract 901
Duties and rights of the carrier 902
Frustration or abandonment 906
Duties and rights of salvors 907
Redelivery to whom? 910
Conclusion 912
Security and remedies 913
Arbitration 917
Payments 918
10. MISCONDUCT 951
Introduction 951
1. CASUALTY'S DUTY TO SALVOR 953
2. MISCONDUCT CAUSING DANGER 958
Disentitlement? 958
Former view 958
Current view 960
Proof 961
Effects of claimant's fault 962
Salvor's sister ship at fault 964
3. SALVOR's NEGLIGENCE DURING SALVAGE OPERATIONS 965
The Tojo Maru 965
The early authorities 966
The duty of care at common law 966
The development of the law of negligence 967
The jurisdiction of the Admiralty Court 968
Counterclaims before 1873 968
Dr. Lushington's views on the effect of negligence 969
Success and the theory of “more harm than good” 970
The contractual duty of care 972
Standard of care for contractual negligence 974
Establishing negligence 975
The modern law 977
Duty of care 977
Liability for breach of duty 977
Effect of salvor's negligence 977
Measure of damages for breach of salvage contract and assessment of salvage award 978
Damages for negligence at common law 980
Multiple claims 983
4. EFFECT OF MISCONDUCT ON REWARD 985
General principle 985
Misconduct causing forfeiture 986
Misconduct by some salvors: effect on claims of others 987
Burden of proof lies on those who assert misconduct 990
Misconduct causing diminution of award 991
Misconduct causing diminution of award and partial or total deprivation of costs 992
Misconduct causing only deprivation of costs 993
Misconduct need not, to affect award, occasion actual damage 994
Limitation of liability 995
11. SALVED VALUES 1031
1. INTRODUCTION 1031
Issues 1031
Burden of proof 1032
2. AGREED VALUATION 1033
3. DISPUTED VALUATION 1034
Place and time of valuation 1034
Several salvage services 1037
Events after termination 1040
Qualifications on the general principle 1043
Evidence of salved values 1045
Sales 1047
Objective or subjective valuation 1049
Sound value 1050
Valuation for damages assessment 1053
Charterparty commitments 1054
No sale 1060
Deductions 1062
Scrap value 1065
Freight 1066
At risk of ship 1067
Where salvage services terminate at port of destination 1068
Where salvage services terminate short of the port of destination 1069
If cargo salved is not carried on 1070
If cargo salved is carried on 1071
Cargo salved value 1078
Where salvage services terminate short of the port of destination 1080
Deductions from cargo salved value 1083
Other financial interests 1086
Derelicts 1088
Freight in salvage of derelict 1091
Abandonment 1091
No valid abandonment 1094
Life salvage 1095
4. APPRAISEMENT 1096
12. ASSESSMENT OF SALVAGE REWARD 1111
The discretion of the court in awarding salvage 1111
The general principles by which the court is guided 1112
Public interests considered: public policy 1113
Ingredients and incidents of a salvage service which affect the award 1114
Classification 1115
Difference of judicial opinion as to relative importance of these considerations 1116
The limit 1117
The ingredients and incidents of salvage, affecting the award, considered in detail 1120
A（1）: Degree of danger, if any, to human life on salved vessel 1120
A（2）: Danger to property salved 1121
A（3）: Value of salved property； how far considered 1125
B（1）: Degree of danger, if any, to human life on salving vessel 1128
B（2）: （a） Salvors' classification 1129
B（2）: （b） Salvors' skill 1131
B（2）: （c） The salvors' conduct； general principles 1132
B（3）: Degree of danger, if any, to property employed in the salvage service and its value 1133
B（4）: （a） Time occupied by the salvage service 1134
B（4）: （b） Work done in the performance of the salvage service 1135
B（5）: Responsibilities incurred in the salvage service 1136
B（6）: Losses and expenses of salvor 1139
Agreement for reward independently of success operates to reduce reward 1146
Interest 1147
Foreign currencies 1149
Taxation 1150
Inflation 1151
13. CONTRIBUTION 1171
Introduction 1171
1. LIABILITY TO SALVOR 1172
General rule 1172
All interests in property benefited contribute 1172
Life salvage 1173
Exceptions to the general rule 1175
Life salvage 1175
Personal effects of passengers, master and crew 1175
Bottomry or respondentia 1175
Crown proceedings 1176
Sovereign immunity 1176
Defendants outside the jurisdiction 1177
Misconduct by salvor 1177
Salvor's remedies 1178
Payment of salvage by shipowner 1180
Liability to pay salvage 1181
Agreements for fixed sum； agreements by shipowner to pay all salvage in rst instance 1185
Estoppel 1185
Shipowner's remedies for reimbursement 1186
2. CONTRIBUTION RATEABLY ACCORDING TO SALVED VALUES 1188
General rule 1188
Different degrees of risk or difficulty 1189
Silver or bullion 1189
Justifications of the general rule 1190
Different risks 1191
Interests in salved property 1196
Contribution to life salvage 1204
3. DIVISION OF LIABILITY 1205
Introduction 1205
Interest not in fact benefited 1206
14. APPORTIONMENT OF SALVAGE REWARD 1221
How apportionment may come before the court 1221
Apportionment amongst owners, master and crew of a salving vessel 1223
Issues 1223
Share of owner of a salving vessel 1223
Crew's share； officer and seamen 1224
Passengers 1225
Extra shares 1225
Special rewards 1225
Crown ships 1226
Pilot 1226
Lifeboatmen 1226
Coastguard 1226
Apportionment amongst individual salvors not associated, e.g. as a crew 1227
Apportionment amongst various salving vessels or sets of salvors 1228
Where services contemporaneous 1228
Priority in time； general principle 1229
Wrongful dispossession； effect 1230
Share due to deceased salvor is awarded to his personal representative 1231
Agreements for apportionment 1232
General rules 1232
Court watches carefully the interests of seamen 1233
Statutory protection of seamen 1233
“No salvage charges” 1233
Owners' deductions before apportionment disallowed 1234
Statutory provisions as to agreements by seamen do not apply to masters 1235
Agreements for apportionment implied from usage 1236
Court would uphold usage only if equitable 1237
15. REMEDIES 1251
1. ADMIRALTY REMEDIES 1251
Enforcement of salvor's rights 1251
The Supreme Court Act 1981 1252
The County Courts Act 1984 1253
Maritime lien and procedure in rem 1254
Right of action in personam 1256
Detention of property for salvage by a receiver 1257
2. POSSESSORY RIGHTS OF SALVORS 1258
Introduction 1258
Possessory rights of first salvors 1259
Derelict 1260
Limitations on the right 1262
Property not derelict 1264
General rule 1264
Effect of owner's/master's right to possession 1266
Exceptions 1267
First salvors' rights of possession against second salvors 1270
Effect of salvor's conduct 1272
Possession and receivers 1275
3. SOVEREIGN IMMUNITY 1277
Introduction 1277
The Crown 1278
Description 1278
Crown liability 1279
Limitation 1280
Crown property 1280
Crown proceedings 1281
State immunity 1282
Exceptions 1283
Admiralty proceedings 1286
16. JURISDICTION AND PROCEDURE 1301
1. ENFORCEMENT OF SALVOR'S RIGHTS 1301
High Court jurisdiction 1301
The county court 1302
Admiralty jurisdiction 1302
Mode of exercise of admiralty jurisdiction 1303
Transfer of proceedings to High Court 1305
Costs of proceedings which have been commenced in county court 1306
2. THE LLOYD'S FORM 1307
Lloyd's Standard Form of Salvage Agreement 1307
3. ARBITRATION 1329
Preliminary application 1330
Pleadings 1331
Discovery 1332
Evidence 1333
Publication of award and reasons 1334
Open offers 1335
4. APPEALS AS To AMOUNT OF SALVAGE AWARD 1336
Appeals to the High Court from an arbitration award 1336
Appeals from court of first instance 1337
Appeals to the House of Lords 1340
17. PUBLIC INTEREST 1381
Introduction 1381
1. DEALING WITH WRECK 1382
Receivers of wreck 1382
Examination in respect of ships in distress 1386
Dealing with wreck 1387
Penalty for taking wreck at time of casualty 1389
Notice of wreck to be given by receiver 1390
Claims of owners of wrecks 1391
Immediate sale of wreck by receiver in certain cases 1392
Unclaimed wreck 1393
Removal of wrecks 1395
The Harbours, Docks and Piers Clauses Act 1847 1395
The Dockyard Ports Regulation Act 1865 1397
The Merchant Shipping Act 1894, ss. 530-534 1398
Relationship between statutory powers 1403
Abandonment 1407
Statutory powers and salvage 1408
2. PROTECTION OF WRECKS 1410
Restricted areas 1410
Prohibited areas 1412
3. OIL POLLUTION 1413
Introduction 1413
The Merchant Shipping （Oil Pollution） Act 1971 1414
Section 1 liability 1414
Section 15 liability 1416
The statutory liability and salvage 1417
Salvorial negligence 1418
Compulsory insurance against pollution liability 1419
The Prevention of Oil Pollution Act 1971 1420
Shipping casualties 1421
Preventing oil pollution 1426
Tanker owners' voluntary payments 1427
TOVALOP 1427
CRISTAL 1431
4. DANGEROUS VESSELS 1436
APPENDICES 1451
APPENDIX 1—SALVAGE DOCUMENTS 1451
APPENDIX 2—INTERNATIONAL CONVENTIONS 1506
APPENDIX 3—STATUTES 1579
APPENDIX 4—RULES AND REGULATIONS 1874
APPENDIX 5—AGREEMENTS 1936
Index 779