Table of contentsThe Flottbek bill of ladingTowing and salvageThe main objective of this article is to analyze the difference between salvage and towing from a legal perspective and to 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 How do rescue and towing services differ? It is well known that rescue and towing have some similarities, from less at first glance when we examine them. But this is mainly because in some circumstances a tow can become a recovery, but not the other way around. Thus, by focusing on the differences, it will become clear how each of these terms differs from each other (White, 2000). What is the function of the bill of lading as a document of title? A bill of lading is a document of title to goods shipped on board a seagoing vessel. It is issued by or on behalf of a maritime carrier in favor of the person delivering goods for shipment and onward transportation to a remote seaport. The invoice often states that the carrier will deliver the goods to the shipper, or on the order of the shipper, to the agreed destination. This wording allows the shipper to endorse the invoice in favor of a buyer and remit it in exchange for the price of the goods. In turn, the purchase. The main objective of this article is to analyze the difference between salvage and tow from a legal perspective and to explain the function of the bill of lading as a title document. The research questions this article will attempt to answer are: How are rescue and towing services different? It is well known that rescue and towing have some similarities, at least at first glance when looking at them. But this is mainly because in certain circumstances a tow can become a recovery, but not the other way around. Thus, by focusing on the differences, it will become clear how each of these terms differs from each other (White, 2000). What is the function of the bill of lading as a document of title? A bill of lading is a document of title to goods shipped on board a seagoing vessel. It is issued by or on behalf of a maritime carrier in favor of the person delivering goods for shipment and onward transportation to a remote seaport. The invoice often states that the carrier will deliver the goods to the shipper, or on the order of the shipper, to the agreed destination. This wording allows the shipper to endorse the bill of exchange in favor of a buyer and deliver it to him in exchange for the price of the goods. In turn, the buyer can then obtain delivery of the goods from the carrier by depositing the bill of exchange at the port of discharge. It also makes it possible to pledge an invoice with a bank as security for an advance in favor of a buyer. The advance allows the buyer to pay the purchase price. The legal effect of the bill of exchange as a document of title would be its capacity to confer on the rightful holder of the bill the right to receive delivery from the carrier. (White, 2000). We will answer both of these questions with reference to notable cases that will prove the differences with salvage towing and explain the functionality of the bill of lading as a title document. What is towing? Towing differs fromtransport of goods in the sense that, in a towing situation, a self-propelled vessel generally tows one or more vessels, usually barges which 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 salvaged. If a vessel is simply providing a service, i.e. fuel, towing, assistance, it is likely to be towing (White, 2000). required as an existing duty or under a special contract. 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 specifically "in peril." For example, if it is a stranded ship, the danger cannot be described as peril. However, if it is a grounded vessel, then the danger may fall into the realm of “peril”. When a vessel is in this perilous state, the salvor must do so voluntarily, not under any obligation such as that of a coast guard or other similar mechanism. Finally, the rescue must be successful (SEMCO SALVAGE & MARINE PTE. LTD., 1997). Admiralty courts have repeatedly addressed the difference between "mere towing" and salvage services and have made it clear that, in most such situations, the services rendered are salvage. 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 assistant will be entitled to a huge reward for such services. As noted, 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 towing is to review the common law (Maritime Coverage Corp, 2016). To clarify the differences between rescue and towing, we will review and analyze some case studies. 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 v. M/V NEPTUNE, 1998). The question asked was whether a contract was a towing or salvage contract. 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 mere means of saving time or for convenience, the service is classified as towing, but if the vessel is disabled and requiresassistance, this 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 imminent danger which could lead to its destruction. If a peril exists, it is something that can be judged. In this case, it was determined that it was indeed a rescue action (Evanow v. M/V NEPTUNE, 1998). The FlottbekThe 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 the event of towing, the amount of compensation is somewhat reasonable and determined. However, in bailout, the amount is not fixed and is determined by many factors. Indeed, since salvage is voluntary and the courts are "friendly" in this regard, towing is only a procedure aimed at helping the ship continue its journey without including the nature of the danger. (McConnochie v. Kerr, 1881). The Court concluded that the crew felt sufficiently in danger to call for help and drop anchor for an expedited departure. So it was a recovery. A barge was adrift in calm seas when a tugboat stopped alongside the barge to take on a second one. So, begin towing and deliver the barge to a Pensacola dock three hours later. A barge left alone is in peril, so rescue is an act of bravery to voluntarily save cargo and people in danger. It is important to emphasize this. That the purpose of rescue is to help. In doing so, the risk is high, but so is the reward. Marine rescue is the act of assisting in times of peril and successfully doing so (D. Mississippi Valley Barge Line Co. v. Indian Towing Co., 1956). Is a drifting barge in danger? The Court thought so and therefore found a rescue solution. The bill of lading is a multiple-choice document, meaning it serves as a contract for the carriage of goods by sea, an official receipt for the goods shipped and a title document. Unlike a charter party, the contract of carriage of goods by sea in liner trade is evidenced by the bill of lading which in itself is not a contract of carriage of goods but rather proof of a contract of carriage already concluded orally between the shipper 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 document of title. In modern international shipping and commerce, this is probably the most important feature of the bill of lading. A title deed is a document which allows its holder to treat the goods described therein as if he were the owner. Title is ownership of the cargo. Ownership means handling the goods in accordance with the will of the owner. Ownership or title can only be transferred by an endorsement 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, resulting in the loss of the vessel and delay in delivery of the goods. The rightful holder sued the carrier. The carrier claimed that the shipper was aware of the waiver clause in the bill of lading. Therefore, no breach of contract had been created. However, the court.