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From: Rich Gano (no email)
Date: Sun Dec 02 2007 - 19:42:44 EST
Doug writes in part:
What I read on this listserve was that the vessel was anchored many miles
from shore, so even though
the vessel was anchored, she was still at the mercy of the elements; not a
particularly prudent way to
leave a vessel for any period of time. I think it is reasonable to conclude
that the operator was gone.
A salvage contract with a unattended vessel is considered "in rem", which
means that the vessel actually
made the contract. (one of the few instances in law that an inanimate object
is considered a party to a legally
binding contract). In such a case, no permission from any owner is needed to
sign the deal.
Doug writes in part:
How much of an "award" is granted to the salvor is for the courts to decide.
Historically, courts have been
very generous, as an incentive to others that boats and ships continue to be
saved, rather than left to flounder and
litter our shores.
My comment would be:
What the fishermen did not do was in anyway salvage the vessel. They simply
reported its presence to a Governmental authority which in turn
required/requested they stand by until the Governmental authority removed
the vessel. A minimal service to the vessel was performed worth the court's
thanks, assuming they were not involved in the man's disappearance.
Regardless of where a vessel is anchored it can be construed to be in at the
mercy of the elements, eventually. Assuming no hurricane was scheduled
through, one might assume the vessel was in no immediate danger anchored
miles from land and that there was time to get timely notification to the
owner before making wild assumptions about immediate danger. Using the
specious threat of immediate danger, even an unoccupied vessel anchored in
the ICW could be snapped up by some unscrupulous person as being in jeopardy
from a hurricane that might come by someday.
Hopefully, we will all get to hear about the court's decision some year.
Rich Gano
CALYPSO (GB-42 #295)
Southport, FL
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