THE following memorandum has been prepared for guidance after consultation with underwriters. The memorandum deals only with the more salient aspects of salvage, and must not be regarded as an exhaustive submission on the law of salvage.

Salvage is peculiar to a marine adventure and, broadly speaking, anyone who renders effective assistance to a vessel in distress can make a valid claim for salvage. There are no fixed rules as to what constitutes a salvage service, but certain essentials can be stated.

(1) There must be danger to the salved property, not necessarily immediate, but the danger must be a real one. In every case of salvage it is a pure question of fact whether danger existed or not.

(2) A salvage must be a voluntary service rendered to a maritime risk and salvage does not normally arise where there is a contract for a service, such as an engagement to tow for a fixed price.

(3) He who claims salvage has to render a successful service or give substantial aid in an enterprise which is eventually successful.

The basic principles are thus Danger, Voluntariness and Success. The success factor is often confused by yachtsmen with a phrase they may frequently have heard, i.e., No Cure, No Pay. In effect, this is a short way of putting the necessity of a successful service before salvage can be claimable.

There are no rules to quantify the value of a salvage service, but various points must all be considered. The essentials are: (1) The value of the property as salved, (2) The degree of danger to the salved property, (3) The length of the service, (4) The danger to those rendering the service, (5) The danger to the salvor's vessel, (6) The value of the salvor's vessel, (7) The expenses incurred by the salvor in rendering the service.

A WIDE DIFFERENCE It will be clear to any yachtsman who considers the basic essentials of salvage, that there will often be a wide difference in the accounts of the salved and the salvors. Occasionally certain facts can be checked beyond dispute, as for instance, weather conditions by official reports. Many facts, however, depend on the testimony of those present. In larger yachts where a well-kept log exists, this document could be of substantial value on disputed fact. A chart showing the vessel's exact position is always of value.

Many facts will depend on the reliability of the oral testimony, and the *This article was first published by the General Purposes Committee of the Royal Yachting Association in consultation with underwriters. It is reproduced with their permission. Mr.

Warington Smythe is a member of the Committee of Management of the R.N.L.I.behaviour and established actions of the people concerned may often give the lie to later oral evidence; the best illustration, which is often met, is the case of a yachtsman who, after a service, states he was in no danger, but does not deny making distress signals, which he should remember are in themselves an admis- sion of danger. It must, however, be evident that it is often difficult to ascertain the real facts and reliable disinterested independent evidence is of great value.

Frequently the sheer weight of numbers of a saJving party may win the day. A yachtsman should always make an effort to obtain independent evidence, if it is available, and record in the ship's documents the fullest information.

There are certain things every yachtsman should bear in mind.

Foremost, he should never make a distress signal or ask assistance if it is within his own power to take his ship to a place of safety. If it is a tow of con- venience he requires, a proper bargain should be made and a clear agreement should be come to, preferably in writing; without such a definite contract no tow of convenience should be accepted.

CAN MINIMISE CLAIM A prudent yachtsman will always keep in mind that, though he may sometimes of necessity have to accept a salvage service, he can still do much to minimise a claim. Tf he can steer his ship and make a rope fast and get his anchor if it is doMn he should refuse to allow the salvors aboard to assist him. Their presence cannot prove any increase in the physical danger to the yacht but is often used as evidence of the utter incapacity of the yacht crew, by reason of sea-sickness or incompetence, to do anything towards mitigating the danger. A yachtsman will readily appreciate that a yacht with a crew out of action is in serious jeopardy.

Should a yachtsman have the misfortune to miss the channel and his vessel thereby be put ashore, he must remember that the local fisherman who supplies him with a heavy anchor and warp may well be thinking in terms of salvage; this may bring with it the allegation that the yacht's own gear was insufficient to kedge her off, coupled with the standard allegation that she was bumping heavily with worsening weather putting the ship in serious peril. If taking such assistance he should therefore make sure of the position between himself and the fisherman. Yachtsmen will know that lifeboatmen are entitled to make claims for salvage.

FIRE EXTINGUISHERS Fire can also give rise to a salvage claim and a prudent yachtsman will remember his fire extinguishers.

The possible maritime perils that may beset a yacht are manifold; equally so, however, are the opportunities of a resourceful yachtsman to minimise them and make a shrewd bargain and prevent heavy claims for salvage.

A yachtsman should not, therefore, forget that he should never accept assistance unless he is in danger. He should not forget to show resource and take every step towards having a record of the facts.

If a yachtsman has reason to think a claim for salvage will be made for services rendered, he should seek advice as soon as possible before discussing details of the value of his ship or disclosing insurance.

This article is not intended to do more than give an overall picture on the question of salvage in broad outline in an attempt to show yachtsmen some of the problems together with some of the answers.

What is abundantly clear is that every boat owner should make sure he is insured.

(continued on page 148).