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The Nagasaki Spirit [1997] [1] [2] is an English admiralty law case on marine salvage and on the provisions of Article 13 and 14 of the 1989 Salvage Convention.. The case identified problems with the drafting of the convention, a response to which was the 2000 SCOPIC codicil which may be attached to the Lloyd's Open Form ("LOF") to vary the terms of the salvage reward.
The International Convention on Salvage [1] [2] is a treaty that was concluded in London on 28 April 1989 that replaced the Brussels Convention on Assistance and Salvage at Sea as the principal multilateral document governing marine salvage.
The Lloyd's Open Form, formally "Lloyd's Standard Form of Salvage Agreement", and commonly referred to as the LOF, is a standard form contract for a proposed marine salvage operation. Originating in the late 19th century, the form is published by Lloyd's of London and is the most commonly used form for international salvage.
The scope of salvage has been expanded by the 1989 Salvage Convention, and protection of the environment is part of salvage. Oil pollution can cause damage to the environment. If the salvor prevents oil pollution from happening, he indeed performs a valuable service to the community as mentioned by (1997) 1 Lloyd's Rep 323 (HL), pp. 326–328.
USS Regulus hard aground in 1971 due to a typhoon: after three weeks of effort, Naval salvors deemed it unsalvageable.. Marine salvage takes many forms, and may involve anything from refloating a ship that has gone aground or sunk as well as necessary work to prevent loss of the vessel, such as pumping water out of a ship—thereby keeping the ship afloat—extinguishing fires on board, to ...
Protection and indemnity insurance, more commonly known as P&I insurance, is a form of mutual maritime insurance provided by a P&I club. [1] Whereas a marine insurance company provides "hull and machinery" cover for shipowners, and cargo cover for cargo owners, a P&I club provides cover for open-ended risks that traditional insurers are reluctant to insure.
Lloyd's of London, generally known simply as Lloyd's, is an insurance and reinsurance market located in London, England. Unlike most of its competitors in the industry, it is not an insurance company; rather, Lloyd's is a corporate body governed by the Lloyd's Act 1871 and subsequent Acts of Parliament .
C Mitchell and P Mitchell (eds), Landmark Cases in the Law of Contract (2008) Bishop, Beale and Furmston, Contract Cases and Materials (2008) 429, who give a useful analogy for this case, "if Furmston were to sell his cottage, 'known as Denning's Orchard' to Beale, would Beale be able to get out of the contract on the grounds that the cottage had never belonged to anyone called Denning and ...