The rights and obligations of parties involved in marine salvage under Essay

The rights and obligations of parties involved in marine salvage under the admiralty law - Essay Example The oil ship Rusty Floater was moored alongside Old Bucket in the process of feeding oil to the latter when a gale blew and,though moderate,was enough to break the forward quay moorings of Old Bucket.It came so sudden that there was no time to disconnect the oil supply pipeline. Old Bucket broke free from the oil feeder ship and proceeded to drift into port, threatening to collide with other vessels anchored at the marina. At this, the crew of a tugboat in the area sprung into action. The tugboat master, who is experienced in oil spill control at sea, concentrated on Rusty Floater and helped disconnect its oil pipeline properly, while his crew cast tow ropes at Old Bucket to hold her steady. The operation succeeded such that Old Bucket did not harm other vessels and the oil feeder ship Rusty Floater was prevented from spilling bunker oil into the sea. When the danger was over, the tug towed Old Bucket to another berth, while the master of Rusty Floater signed an LOF 2000 agreement wi th a SCOPIC clause with the tugboat owner.In signing the LOF (Lloyd's Open Forum) 2000 contract with a SCOPIC clause, the owners of Rusty Floater basically signified their agreement to provide an award to the tug for the salvage of their vessel. As a form of salvage contract, LOF 2000 defines the services rendered by the rescuer and the rights and obligations of the parties, such as what proportion of the salved values of the vessel would be awarded. In the instant case, the LOF 2000 contract probably specified the parties' agreement that the salvage operation was a low-value case that nonetheless became critical because of the threat to the environment (Bishop, 2000). The addition of the SCOPIC clause in the contract indicates the parties' agreement to an amount of award appropriate to this "low-value" threat. The SCOPIC clause in the LOF 2000 contract also means that the parties agreed to a two-tier remuneration system: full tariff rates if all the tug's salvage equipment were rea sonably engaged or used at some stage of the operation, but only 50 percent if these equipment were mobilised but not used. In effect, the signing of LOF 2000 with a SCOPIC clause between the masters of Rusty Floater and the tug guarantees a successful salvage claim against the oil feeder ship. There was no mention if the owners of Old Bucket signed the same agreement but if they did, the tug owner is due for two potentially successful salvage claims against both Rusty Floater and Old Bucket. The salvage claim against Old Bucket derives its strength from admiralty law provisions dictating that there is such a claim if a vessel requires assistance as result of an incident to try to minimize the extent of its losses and, in this case, prevent a possible collision with other moored vessels. From the oil carrier Rusty Floater, the tug owner deserves an even higher salvage award because his action served to prevent pollution and damage to the