Re: T&T: Salvage rights
I had meant to include the following in my previous email.
"It has always been the well entrenched admiralty law of the United States
that, as set forth by Chief Justice Marshall in 1804, if property of an
individual is exposed to peril or hazard at sea and is saved by the
voluntary exertion of any persons whatsoever "[a] very ample reward will be
bestowed in the courts of justice."
See: < http://www.safesea.com/boating_info/salvage/anderson/background.html
Ron Rogers
This is just too good not to share:
"Justice Story summarized it well, as he so often did:
In cases of salvage, the measure of reward has never been adjusted by a mere
estimate of the labor and services performed by the salvors. These, to be
sure, are very important ingredients; and are greatly enhanced in value,
when they have been accompanied by personal peril and gallantry, by prompt
and hardy enterprise, and by severe and long-continued exposure to the
inclemencies of the winds and waves. But an enlarged policy, looking to the
safety and interest of the commercial world, decrees a liberal recompense,
with a view to stimulate ambition, by holding out what may be deemed an
honorable reward."
And:
"
Salvage is the compensation allowed to persons by whose voluntary assistance
of a ship at sea or her cargo or both have been saved in whole or in part
from impending sea peril, or in recovering such property from actual peril
or loss, as in cases of ship wreck, derelict, or recapture.
It is necessary to draw the distinction between a salvage service and a
salvage award. In order to have a valid salvage claim and be entitled to a
liberal salvage award, a salvor must first establish that the services
rendered were, in fact, salvage services. In order to establish a valid
claim to have rendered salvage services, a salvor must establish three
elements: (1) marine peril; (2) services voluntarily rendered; and (3)
success, in whole or in part, with contribution to such success by the
service rendered by the salvor.
Of these elements, the first, that of peril, is the most misunderstood and
the most frequent source of debate. Anyone who seeks to understand the
American law of salvage must first comprehend the American concept of marine
peril. The concept is a broad one, liberally applied."
I'd rather an admikralty attorney draw a conclusion, but I don't think that
the incident which prompted this discussion qualifies the turkeys for
salvage rights.
Ron Rogers
This is just too good not to share:
"Justice Story summarized it well, as he so often did:
In cases of salvage, the measure of reward has never been adjusted by a mere
estimate of the labor and services performed by the salvors. These, to be
sure, are very important ingredients; and are greatly enhanced in value,
when they have been accompanied by personal peril and gallantry, by prompt
and hardy enterprise, and by severe and long-continued exposure to the
inclemencies of the winds and waves. But an enlarged policy, looking to the
safety and interest of the commercial world, decrees a liberal recompense,
with a view to stimulate ambition, by holding out what may be deemed an
honorable reward."
And:
"
Salvage is the compensation allowed to persons by whose voluntary assistance
of a ship at sea or her cargo or both have been saved in whole or in part
from impending sea peril, or in recovering such property from actual peril
or loss, as in cases of ship wreck, derelict, or recapture.
It is necessary to draw the distinction between a salvage service and a
salvage award. In order to have a valid salvage claim and be entitled to a
liberal salvage award, a salvor must first establish that the services
rendered were, in fact, salvage services. In order to establish a valid
claim to have rendered salvage services, a salvor must establish three
elements: (1) marine peril; (2) services voluntarily rendered; and (3)
success, in whole or in part, with contribution to such success by the
service rendered by the salvor.
Of these elements, the first, that of peril, is the most misunderstood and
the most frequent source of debate. Anyone who seeks to understand the
American law of salvage must first comprehend the American concept of marine
peril. The concept is a broad one, liberally applied."
I'd rather an admikralty attorney draw a conclusion, but I don't think that
the incident which prompted this discussion qualifies the turkeys for
salvage rights.
Ron Rogers
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