Salvage at sea

   The rescue of property from transportation perils is governed by the law of salvage. Usually, a rescue compensation is governed by an express contract between the salvor and the owner. In those cases where there is no express agreement the default position in maritime law is imposition of quasi-contract obligations.

to do:  

   1. Read casebook pages 443-467. Again the cases in this chapter have been extensively edited. Be sure to take the time to "squib brief" each case .

    2. Print, read, and analyze The U.S. Open Form Salvage Agreement http://www.smany.org/sma/salvform.html. Assume that the No Cure-No Pay box is checked in Item "Third". Review the criteria (a thru j) for fixing the reward and decide whether each item is best determined subjectively or objectively. Decide which of the items is likely to be the most difficult to determine and why.

   Send an email to jpmcalis@samford.edu with you analysis attached--be sure to identify yourself in the attachment with the assignment number because the email will be deleted after it is printed.

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