SOS case Note
Brice defines salvage as a right in law, which arises under English law when
a person, acting as a volunteer (that is, without any pre-existing contractual or
other legal duty so to act) preserves or contributes to preserving at sea any vessel,
cargo, freight or other recognized subject of salvage from danger.
In The Dimitrios N Bogiazides (1930) case, a ship was at anchor in the
Mersey. The weather was bad and a strong wind was blowing. The pilot, who was
aboard, was able to ensure that the vessel held her position by the use of her
engines. The master, who was excitable, demanded tugs. The pilot raised no
objections. The tugs were called. It was held that the services of the tugs were not
salvage.
Salvage operations, encompassing the recovery and restoration of valuable
materials from challenging situations, involve three key elements: danger,
voluntariness, and success.
In order to constitute danger, there must be some real danger, which is likely
to occur the property to destruction or damage. An apprehension of danger will
suffice as long as it is not a fanciful danger and it does not need to be immediate or
absolute.
The Phantom (1866) case, judge reasoning that, “I am of the opinion that it
is not necessary that there should be absolute danger in order to constitute salvage
service; it is sufficient if there is a state of difficulty, and reasonable
apprehension.”
Dr Lushington also said in The Charlotte(1848) case, “all services
rendered at sea to a vessel in danger or distress are salvage services. It is not
necessary, that the distress should be actual or immediate, or that the danger should
be imminent and absolute; it will be sufficient if, at the time the assistance is
rendered, the ship has encountered any damage or misfortune which might
possibly expose her to destruction if the services were not rendered.
It does not matter if the danger is slight, but it is important that danger can
be said to exist. The extent of the danger is only relevant in determining the extent
of the award.”
In The Tower Bridge (1936), The defendant’s vessel was in danger as ice
field and send out SOS. The plaintiff vessel proceeded toward her and reach
with 60 miles away from plaintiffs’ vessel. At that time her condition was not as
serious as First. The plaintiff refuses the defendant request to stand by and see her
into the next port. The plaintiff claims salvage reward even though he has
complied with duty to answer distress call imposed him under section 26 of
Merchant Marine (Safety and load line convention act). Held that, performance
of this duty was entitled to salvage award.
Therefore, the right to claim salvage award was accepted in this case and
courts recognize salvage claim in certain situation.