In a salvage situation, in what circumstances might a shipmaster become an agent of necessity?

Where: (1) it is necessary to take salvage assistance;

Β (2) it is not reasonably practicable to communicate with the cargo owners to get their instructions; (3) the master or owners act bona fide (i. e. in good faith) in the interests of the cargo; and (4) it is reasonable for the master or shipowner to enter into the particular contract. (Clarke J. in The PA Mar [1999] 1 Lloyd’s Rep 338. ) (For questions on SALVAGE see Section H. )


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Since the UK has ratified the International Convention on Salvage, 1989, is it necessary for the master of a UK ship to establish agency of necessity before making a salvage agreement?

What is a shipmaster’s legal position in relation to an owner of cargo?