Recovery and Towing explain the function of the bill of lading as a title document. The research questions this article will attempt to answer are: Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an original essay 1) How are rescue and towing services differentiated? It is well known that rescue and towing have some similarities, at least at first glance when examining them. But this is mainly because in certain circumstances a tow can become a recovery, but not the other way around. So, by focusing on the differences, it will become clear how each of these terms differs from each other (White, 2000).2) What is the function of the bill of lading as a document of title? The bill of lading is a security asset which contains the designation of a right characterized by its type, its scope and its ownership. This is a credit title. The right claimed in the bill of lading relates to ownership of the goods (merchandise and general merchandise) that have been loaded onto a means of transport (vehicle, train, boat, plane, etc.) for which it was issued. The bill of lading is generally a document proving the loading of the cargo (cargo) to be transported, as well as a document proving the charter contract, particularly when no charter has been established (White, 2000). We will answer both of these questions with reference to notable cases that will prove the differences with tow-and-recovery and explain the functionality of the bill of lading as a document of title. Recovery and Towing Definition of Recovery and Towing What is towing? Towing differs from freight transportation in that in a towing situation, a self-propelled vessel typically tows one or more vessels, usually barges that are not self-propelled. Towing is “the provision of power by a vessel. . . draw another » ship. The key decision between towing and recovery is whether a peril exists. Simply put, if the ship is not in “peril,” it is not a salvage. If a vessel is simply providing a service, i.e. fuel, towing or assistance, it is likely to be towing (White, 2000). What is recovery? A contract or three elements are necessary for a valid salvage claim: 1. Maritime peril. 2. Service rendered voluntarily when not required as an existing duty or under a special contract. 3. Success in whole or in part, or that the service rendered contributed to such success. Therefore, as described above, a vessel must be in difficulty, in danger or more precisely “in peril”. For example, if it is a stranded vessel, the hazard cannot be described as a peril, but if it is seriously stranded, then the hazard may fall into the realm of 'peril'. When a vessel is in this perilous state, the salvor must do so voluntarily, not as part of a duty such as that of the Coast Guard or other similar mechanism. Finally, the rescue must be successful (SEMCO SALVAGE & MARINE PTE. LTD., 1997). Comparison of Towing and Salvage The Admiralty Courts have on numerous occasions addressed the difference between "mere towing" and salvage services and have made it clear that in most of thesesituations, the services rendered are rescue. Indeed, a leading admiralty treatise described the act of rescuing a ship at sea by towing it to safety as the “prototypical” act of salvage. However, this does not necessarily mean that the rescuer will be entitled to a huge reward for these services. As we have seen, a rescue service implies that there was some degree of peril and assistance beyond the towing that was provided. The peril does not have to be immediate. It is sufficient that the property is in danger, either currently or reasonably likely to be apprehended. The best way to understand the application of towing and recovery is to review common law (Maritime Coverage Corp, 2016). To clarify the differences between rescue and towing, we will review and analyze some case studies. Evanow v. M/V NEPTUNE The ship Neptune encountered a major storm and docked in Crescent City Harbor. While in port, the Neptune became disabled and ran aground on a sandbar. The crew of the Neptune secured the barge alongside the disabled tugboat. That night a terrible storm brought gusts of up to ninety knots and swells inside the harbor of up to six to eight feet. These conditions pushed the barge against the port side of the tug. Due to the presence of diesel fuel and oil on board the Neptune as well as hydraulic fluid in the landing craft, the Coast Guard's Pacific Pollution Response Team assessed the pollution threat as " substantial”, and a tow was called to recover the barge (Evanow vM/V NEPTUNE, 1998). The question asked was whether a contract was for towing or salvage. The Court stated that this distinction has several consequences. The Court examined the nature of the service rendered to determine whether a contract is a salvage contract. The Court established a marked and clear distinction between a towing service and a rescue service. When a tug is called or taken by a healthy vessel as a simple means of saving time or for convenience, the service is classified as towing; but if the vessel is disabled and requires assistance, it is a rescue service (Evanow v. M/V NEPTUNE, 1998). It has been determined that the existence of a maritime risk distinguishes a salvage contract from a towing contract. Such peril exists “when a ship is exposed to real or apprehended danger which could result in its destruction”. Whether or not a maritime peril exists is a question of fact examined for manifest error. In this case, it was determined that it was indeed a rescue action (Evanow v. M/V NEPTUNE, 1998). The Flottbek The Flottbek was a ship caught in a violent storm about a quarter of a mile or half a mile from the rocks. Although the peril was controversial, the fact that the ship was unable to extricate itself from the predicament of its own accord was not. So, he anchored himself and called for help. “In cases of simple towing, only reasonable compensation is awarded, based on quantitative merit. In the case of rescue, the reward is given on a broader and more liberal scale, as already indicated. In McConnochie v. Kerr, Justice Brown said: “A salvage service is a service which is voluntarily rendered to a vessel in need of assistance and which is designed to relieve it from distress or danger present or reasonably apprehended . A towing service is a service rendered for the sole purpose of expediting one's journey without regard to circumstances of danger” (McConnochie v. Kerr, 1881). The Court ruled that the crewfelt sufficiently in danger to call for help and drop anchor in preparation for an expedited departure. It was therefore a recovery.Mississippi Valley Barge Line Co. v. Indian Towing Co. A barge was adrift in calm seas when a tugboat pulled alongside the barge to bring a companion aboard. So, we began towing and delivered the barge to a dock in Pensacola three hours later. “For an abandoned barge, like an abandoned person, may be exposed to many perils, the least of which is sinking on an obvious shoal. Rescue at sea can, and often does, require the performance of exciting acts of great bravery to save lives or property from the clutches of near and certain disaster. But this is not necessary, because the purpose of rescue is to save. Helping before it becomes a fatal gamble, with high risks, high stakes and high rewards, ensures the greatest probability of recovery at the least peril. Maritime rescue is not just for heroes. His generous but judicious liberality is intended to encourage sailors to respond instinctively to needs, whether large or small, dull or spectacular” (D. Mississippi Valley Barge Line Co. v. Indian Towing Co., 1956). Is a drifting barge in danger? The Court thought so and therefore, a recovery was found. Bill of Lading The bill of lading is a multiple choice document, i.e. it acts as a contract for carriage of goods by sea, an official receipt for the goods shipped and title. The function attributed to the bill of lading is based on ancient customs and usages followed by traders in commercial areas largely regulated by their own law known as the lex_marcatria law of traders. Unlike charter parties, the contract for the carriage of goods by sea in liner trade is materialized by a bill of lading which is not in itself a contract for the carriage of goods but rather proof of a contract of carriage already concluded verbally. between the sender and the carrier. It should be noted that anything agreed orally between the sender and the carrier does not bind the legitimate holder who acts in good faith. The bill of lading as a title document. In modern international trade and transportation, this is probably the most important feature of the bill of lading. A “title” is a document which allows its holder (the person who “owns” it) to treat the goods described therein as if he or she were the owner. “Title” is the right to ownership. “Ownership” can be explained as the right to use, modify, dispose of (i.e. sell) and destroy the goods. This “ownership” or “title” may be transferred by a formal transfer of the document, such transfer being an “approval” and/or delivery of the document itself (Wegener v. Smith, 1854). Leduc And Co V Wards is a case which proves the specific nature of the bill of lading, where the bill of lading contained a clause allowing the carrier to deviate from the agreed route, which resulted in the loss of the vessel and the delay in delivery of the goods. The rightful holder sued the carrier. The carrier argued that the shipper was aware of the waiver clause in the bill of lading. Therefore, no breach of contract of any kind has been created. However, the court refused to accept the carrier's claim and ruled that "the legitimate holder who has no knowledge of such a commitment cannot be made, required to respect it" (Leduc et Cie V Wards case, 1888). Furthermore, as one of the mentioned characteristics of the bill of lading is that it is a document.

Essay / Recovery and Towing explain the function of the bill of lading as a title document. The research questions this article will attempt to answer are: Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an original essay 1) How are rescue and towing services differentiated? It is well known that rescue and towing have some similarities, at least at first glance when examining them. But this is mainly because in certain circumstances a tow can become a recovery, but not the other way around. So, by focusing on the differences, it will become clear how each of these terms differs from each other (White, 2000).2) What is the function of the bill of lading as a document of title? The bill of lading is a security asset which contains the designation of a right characterized by its type, its scope and its ownership. This is a credit title. The right claimed in the bill of lading relates to ownership of the goods (merchandise and general merchandise) that have been loaded onto a means of transport (vehicle, train, boat, plane, etc.) for which it was issued. The bill of lading is generally a document proving the loading of the cargo (cargo) to be transported, as well as a document proving the charter contract, particularly when no charter has been established (White, 2000). We will answer both of these questions with reference to notable cases that will prove the differences with tow-and-recovery and explain the functionality of the bill of lading as a document of title. Recovery and Towing Definition of Recovery and Towing What is towing? Towing differs from freight transportation in that in a towing situation, a self-propelled vessel typically tows one or more vessels, usually barges that are not self-propelled. Towing is “the provision of power by a vessel. . . draw another » ship. The key decision between towing and recovery is whether a peril exists. Simply put, if the ship is not in “peril,” it is not a salvage. If a vessel is simply providing a service, i.e. fuel, towing or assistance, it is likely to be towing (White, 2000). What is recovery? A contract or three elements are necessary for a valid salvage claim: 1. Maritime peril. 2. Service rendered voluntarily when not required as an existing duty or under a special contract. 3. Success in whole or in part, or that the service rendered contributed to such success. Therefore, as described above, a vessel must be in difficulty, in danger or more precisely “in peril”. For example, if it is a stranded vessel, the hazard cannot be described as a peril, but if it is seriously stranded, then the hazard may fall into the realm of 'peril'. When a vessel is in this perilous state, the salvor must do so voluntarily, not as part of a duty such as that of the Coast Guard or other similar mechanism. Finally, the rescue must be successful (SEMCO SALVAGE & MARINE PTE. LTD., 1997). Comparison of Towing and Salvage The Admiralty Courts have on numerous occasions addressed the difference between "mere towing" and salvage services and have made it clear that in most of thesesituations, the services rendered are rescue. Indeed, a leading admiralty treatise described the act of rescuing a ship at sea by towing it to safety as the “prototypical” act of salvage. However, this does not necessarily mean that the rescuer will be entitled to a huge reward for these services. As we have seen, a rescue service implies that there was some degree of peril and assistance beyond the towing that was provided. The peril does not have to be immediate. It is sufficient that the property is in danger, either currently or reasonably likely to be apprehended. The best way to understand the application of towing and recovery is to review common law (Maritime Coverage Corp, 2016). To clarify the differences between rescue and towing, we will review and analyze some case studies. Evanow v. M/V NEPTUNE The ship Neptune encountered a major storm and docked in Crescent City Harbor. While in port, the Neptune became disabled and ran aground on a sandbar. The crew of the Neptune secured the barge alongside the disabled tugboat. That night a terrible storm brought gusts of up to ninety knots and swells inside the harbor of up to six to eight feet. These conditions pushed the barge against the port side of the tug. Due to the presence of diesel fuel and oil on board the Neptune as well as hydraulic fluid in the landing craft, the Coast Guard's Pacific Pollution Response Team assessed the pollution threat as " substantial”, and a tow was called to recover the barge (Evanow vM/V NEPTUNE, 1998). The question asked was whether a contract was for towing or salvage. The Court stated that this distinction has several consequences. The Court examined the nature of the service rendered to determine whether a contract is a salvage contract. The Court established a marked and clear distinction between a towing service and a rescue service. When a tug is called or taken by a healthy vessel as a simple means of saving time or for convenience, the service is classified as towing; but if the vessel is disabled and requires assistance, it is a rescue service (Evanow v. M/V NEPTUNE, 1998). It has been determined that the existence of a maritime risk distinguishes a salvage contract from a towing contract. Such peril exists “when a ship is exposed to real or apprehended danger which could result in its destruction”. Whether or not a maritime peril exists is a question of fact examined for manifest error. In this case, it was determined that it was indeed a rescue action (Evanow v. M/V NEPTUNE, 1998). The Flottbek The Flottbek was a ship caught in a violent storm about a quarter of a mile or half a mile from the rocks. Although the peril was controversial, the fact that the ship was unable to extricate itself from the predicament of its own accord was not. So, he anchored himself and called for help. “In cases of simple towing, only reasonable compensation is awarded, based on quantitative merit. In the case of rescue, the reward is given on a broader and more liberal scale, as already indicated. In McConnochie v. Kerr, Justice Brown said: “A salvage service is a service which is voluntarily rendered to a vessel in need of assistance and which is designed to relieve it from distress or danger present or reasonably apprehended . A towing service is a service rendered for the sole purpose of expediting one's journey without regard to circumstances of danger” (McConnochie v. Kerr, 1881). The Court ruled that the crewfelt sufficiently in danger to call for help and drop anchor in preparation for an expedited departure. It was therefore a recovery.Mississippi Valley Barge Line Co. v. Indian Towing Co. A barge was adrift in calm seas when a tugboat pulled alongside the barge to bring a companion aboard. So, we began towing and delivered the barge to a dock in Pensacola three hours later. “For an abandoned barge, like an abandoned person, may be exposed to many perils, the least of which is sinking on an obvious shoal. Rescue at sea can, and often does, require the performance of exciting acts of great bravery to save lives or property from the clutches of near and certain disaster. But this is not necessary, because the purpose of rescue is to save. Helping before it becomes a fatal gamble, with high risks, high stakes and high rewards, ensures the greatest probability of recovery at the least peril. Maritime rescue is not just for heroes. His generous but judicious liberality is intended to encourage sailors to respond instinctively to needs, whether large or small, dull or spectacular” (D. Mississippi Valley Barge Line Co. v. Indian Towing Co., 1956). Is a drifting barge in danger? The Court thought so and therefore, a recovery was found. Bill of Lading The bill of lading is a multiple choice document, i.e. it acts as a contract for carriage of goods by sea, an official receipt for the goods shipped and title. The function attributed to the bill of lading is based on ancient customs and usages followed by traders in commercial areas largely regulated by their own law known as the lex_marcatria law of traders. Unlike charter parties, the contract for the carriage of goods by sea in liner trade is materialized by a bill of lading which is not in itself a contract for the carriage of goods but rather proof of a contract of carriage already concluded verbally. between the sender and the carrier. It should be noted that anything agreed orally between the sender and the carrier does not bind the legitimate holder who acts in good faith. The bill of lading as a title document. In modern international trade and transportation, this is probably the most important feature of the bill of lading. A “title” is a document which allows its holder (the person who “owns” it) to treat the goods described therein as if he or she were the owner. “Title” is the right to ownership. “Ownership” can be explained as the right to use, modify, dispose of (i.e. sell) and destroy the goods. This “ownership” or “title” may be transferred by a formal transfer of the document, such transfer being an “approval” and/or delivery of the document itself (Wegener v. Smith, 1854). Leduc And Co V Wards is a case which proves the specific nature of the bill of lading, where the bill of lading contained a clause allowing the carrier to deviate from the agreed route, which resulted in the loss of the vessel and the delay in delivery of the goods. The rightful holder sued the carrier. The carrier argued that the shipper was aware of the waiver clause in the bill of lading. Therefore, no breach of contract of any kind has been created. However, the court refused to accept the carrier's claim and ruled that "the legitimate holder who has no knowledge of such a commitment cannot be made, required to respect it" (Leduc et Cie V Wards case, 1888). Furthermore, as one of the mentioned characteristics of the bill of lading is that it is a document.

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