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Salvage Awards Make Sense

Nothing is more frustrating than listening to someone that doesn't know what they're talking about. Whether it's your brother-in-law waxing on about a play action when it was bootleg, or, some guy on the dock ranting about salvors and how they'll take your boat.

Your brother-in-law is probably a lost cause, but that guy on the dock, you might be able to set him straight. A salvor doesn't get your boat. A salvor gets a salvage award generally determined by consideration of various factors set forth in the 1989 International Convention on Salvage. (You can read a copy of this easy-to-read law right here: http://www.jus.uio.no/lm/imo.salvage.convention.1989/doc.html). Sure, a salvor isn't limited to compensation on time and materials, but he doesn't get your boat.

And bravo to Todd Tholke and his attorney for asserting a claim seeking a salvage award for services rendered to the French America's Cup catamaran that was allegedly aground. (http://www.tradeonlytoday.com/home/522332-lawyer-says-americas-cup-boat-salvage-claim-is-valid) We say to heck with fair-weather friends that won't support Todd in his pursuit of a salvage award (and the journalists that seem to us to write unfair articles). Assuming Todd's allegations are true, you bet he's entitled to a maritime salvage award. The maritime law encourages interlopers to hop out of bed and save vessels and their cargo from loss at sea. The concept of maritime salvage is some of the oldest law around and we'd suggest that it serves an important and worthy interest.

Fair winds and following seas, Todd.

Underway and making way.

--- Fulweiler llc

Categories: Towing & Salvage

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