IndexThe Flottbek bill of ladingTracking and salvageThe main purpose of this article is to analyze the difference between salvage and towing from a legal point of view and explain the function of the bill of lading as a title of ownership. The research questions this article will try to answer are: Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original EssayHow do salvage and towing services differ? Salvage and towing are known to have some similarities, at least at first glance when you look into them. But this is mainly due to the fact that in certain circumstances a tow can become a rescue, but not the other way around. Thus, by focusing on the differences it will be clear how each of these terms differs from the 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 aboard a seagoing vessel. It is issued by, or on behalf of, a sea carrier to the person delivering the goods for shipment and onward transportation to a distant seaport. The bill of exchange often states that the carrier will deliver the goods to the shipper, or to the shipper's order, at the agreed upon destination. This wording allows the shipper to endorse the bill of exchange in favor of a buyer and deliver it in exchange for the price of the goods. In turn, the purchase. The main purpose 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 document of ownership. The research questions this article will attempt to answer are: How do salvage and towing services differ? Salvage and towing are known to have some similarities, at least at first glance when you examine them. But this is mainly due to the fact that in certain circumstances a tow can become a rescue, but not the other way around. Thus, by focusing on the differences it will be clear how each of these terms differs from the 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 aboard a seagoing vessel. It is issued by, or on behalf of, a sea carrier to the person delivering the goods for shipment and onward transportation to a distant seaport. The invoice often states that the carrier will deliver the goods to the freight forwarder, or to the freight forwarder's order, at the agreed upon destination. This wording allows the shipper to endorse the bill of exchange in favor of a buyer and deliver it in exchange for the price of the goods. In turn, the buyer can then obtain delivery of the goods from the carrier by presenting the bill of exchange at the port of discharge. It also allows you to pledge a bill of exchange with a bank to guarantee an advance in favor of a buyer. The down payment allows the buyer to pay the purchase price. The legal effect of the bill of exchange as a title to property would be its ability to confer on the legal holder of the bill the right to receive delivery from the carrier. (White, 2000). These two questions will be answered with references to notable cases that will demonstrate the differences from the salvage trailer and explain the functionality of the bill of lading as a document of title. What is towing? Towing differs from cargo transportation in that in a towing situation a self-propelled vessel generally tows one or more vessels, usually non-self-propelled barges. Towing is “the supply ofenergy from a ship. . . to draw another” ship. The key determination between towing and rescue is whether a hazard exists. Simply put, if the ship is not in “distress,” it is not saved. If a vessel is simply providing a service, for example fuel, towing, assistance, then it is likely to be a tow (White, 2000). What is rescue? A contractor has three elements necessary for a valid salvage claim: A marine peril. Service rendered voluntarily when not required as an existing duty or by special contract. Total or partial success, or that the service rendered contributed to that success. Therefore, as described above, a vessel must be in distress, distress or specifically “danger””. For example, if it is a ship aground, the hazard may not be described as danger, however, if it is aground, the danger may fall into the realm of “peril”. When a vessel finds itself in this dangerous state, the salvor must do so voluntarily, not under compulsion such as that of a coast guard or other similar mechanism. Ultimately, the rescue must be successful (SEMCO SALVAGE & MARINE PTE. LTD., 1997). Admiralty courts have addressed the difference between "mere towing" and salvage services on numerous occasions and have made it abundantly clear that, in most such situations, the services rendered are salvage. Indeed, a major Admiralty treatise described the act of saving a ship at sea by towing it to safety as the "prototypical" act of salvage. However, this does not necessarily mean that the savior will be entitled to a huge reward for such services. As discussed, a rescue service implies that some degree of danger and assistance has been provided in addition to towing. The danger does not have to be immediate. The property need only be in danger, currently or reasonably, to be seized. The best way to understand the application of the distinction between towing and salvage is to review the common law (Maritime Coverage Corp, 2016). To clarify the differences between salvage and towing we will examine and analyze some case studies. The ship Neptune encountered a severe storm and docked in the Crescent City harbor. While in port, the Neptune became incapacitated and ran aground on a sandbar. The Neptune's crew secured the barge alongside the disabled tug. That night, a terrible storm caused gusts of up to ninety knots and storm surges within the harbor that reached six to eight feet. These conditions slammed the barge into the port side of the tug. Due to the diesel fuel and oil aboard the Neptune as well as the hydraulic fluid in the landing craft unit, the Coast Guard's Pacific Pollution Strike Team assessed the pollution threat as “substantial” and a tugboat was called to recover the barge (Evanow v. M/V NEPTUNE, 1998). The question presented was whether a contract was for towing or salvage. The Court enumerated that this distinction has several consequences. The Court examined the nature of the service rendered to determine whether it is a salvage contract. The Court found a clear and clear distinction between a towing service and a rescue service. When a tug is called upon or taken from a sound vessel as a simple means of saving time, or from considerations of convenience, the service is classed as towing, but if the vessel is incapacitated and in need of assistance, it is a salvage service (Evanow v . M/V NEPTUNE, 1998). It has been established that the existence of a maritime peril distinguishes a salvage contract from a towage contract. Such a danger exists when a ship isexposed to imminent danger that may lead to its destruction. Whether there is a danger is something that can be judged. In this case, it was determined that this 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. While the danger was in question, the fact that the ship was unable to exit the situation on its own accord was not. Therefore, she anchored herself and called for help. When towing occurs, the compensation amount is somewhat reasonable and determined. In the case of a bailout, however, the amount is not fixed and is determined by many factors. Since salvage is voluntary and the courts are “friendly” towards this aspect, towing is just a procedure to help the vessel continue its voyage without including the nature of the danger. (McConnochie v. Kerr, 1881). The Court found that the crew believed they were in sufficient danger to ask for assistance and drop anchor for an accelerated departure. Therefore, it was a rescue. A barge was adrift in a calm sea when a tugboat stopped alongside the barge to let a mate come aboard. Then, starting the tow and delivering the barge to the Pensacola dock three hours later. A barge left alone is in danger, so rescue is an act of courage to voluntarily save the cargo and people when they are in danger. It is important to underline this. That the goal of the rescue is to help. This way the risk is high but so is the reward. Marine salvage is the act of helping when in danger and being successful in doing so (D. Mississippi Valley Barge Line Co. v. Indian Towing Co., 1956). A barge is adrift, in danger? The Court thought so and therefore a rescue was found. The bill of lading is a multiple choice document, i.e. it acts as a contract for the carriage of goods by sea, as a formal receipt of the goods shipped and as a title to ownership. Unlike a charter party, the contract for the carriage of goods by sea in liner traffic is evidenced by the bill of lading which in itself is not a contract for the carriage of goods but rather the evidence of a transport contract already concluded orally between loader and carrier. It is specified that what is agreed orally between the shipper and the carrier does not bind the legitimate owner who acts in good faith. The bill of lading as a document of ownership. In modern international trade and shipping, this is probably the most important feature of the bill of lading. A property title is a document that allows the owner to treat the property described in it as if he were the owner. Title is the ownership of the cargo. Ownership means the management of the goods according to the owner's will. Ownership or title can only be transferred by endorsement and/or delivery of the document itself (Wegener v Smith, 1854). Leduc And Co V Wards is a case which demonstrates the specific nature of the bill of lading, where the bill of lading contained a clause which allowed the carrier to deviate from the agreed route, resulting in the loss of the vessel and delay in delivery of the goods. The legitimate owner 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 occurred. However, the court refused to grant the carrier's request and held that the true owner who has no idea of ​​such action is not required to approve it without knowing it (Case of Leduc And Co V Wards, 1888). Furthermore, as mentioned one of the features of the bill of lading is a document of title. A