Written by attorneys · grounded in primary & secondary sources — see below
The aid or rescue given, either voluntarily or by contract, to a vessel in need of assistance because of present or apprehended danger. Salvage service is distinguished from ordinary towing because it responds to dangerous circumstances rather than merely expediting a voyage.
Sources & Authorities
How it applies
Common Examples
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Seller Suspends Performance After Repudiation
Stone Resource contracted for phased delivery of equipment from Stone Clean. After Stone Clean repudiated by diverting machines overseas, Stone Resource suspended site-preparation payments. Stone Resource then arranged for a salvage service provider to rescue and secure a disabled supply vessel left at a coastal staging area threatened by an approaching storm. The salvage service allowed Stone Resource to realize value from the vessel without completing the original contract.
Voluntary Rescue of Abandoned Casings
Sebastian Santos entered a former bombing range and collected spent casings he believed were abandoned. He arranged for a salvage service vessel to tow the loaded barge through rough coastal waters to a scrap facility. The service responded to the risk of the casings being lost at sea during transport. Santos later faced conversion charges but the salvage service itself addressed the apprehended peril to the property.
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Statutes
Uniform Acts
Dictionaries
Morrissette v. United States342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288.
Contractual Towage in Storm Conditions
Sapphire Holdings engaged a salvage service under a written agreement to tow its disabled drilling platform away from an approaching hurricane. The platform faced immediate danger of capsizing in high seas. The service completed the tow to a safe harbor. The contract expressly addressed compensation for the rescue rather than routine transit.
The Bremen v. Zapata Off-Shore Co.407 U.S. 1 (1972)
Authority Ends After Subject Destroyed
Stonehaven Properties authorized an agent to sell a unique historic vessel. A storm destroyed the vessel's structural integrity beyond repair. The agent attempted to retain a salvage service to recover the vessel for a specialized market. Authority terminated because the particular subject matter no longer existed in its original form.
Home for Incurables of Baltimore City v. University of Maryland Medical System Corp.797 A.2d 746 (Md. 2002)
Due Process in Salvage Fee Dispute
Sylvia Santos provided salvage service to a drifting cargo ship during a gale. The ship owner challenged the fee award in state court before a judge who had received substantial campaign contributions from the owner's competitor. The salvage provider argued the judge's financial ties created an unconstitutional risk of bias. The dispute centered on whether the fee determination satisfied due process.
Caperton v. A. T. Massey Coal Co.556 U.S. 868 (2009)
Causation in Fee Recovery Action
Sterling Dynamics hired a salvage service after its tanker ran aground. The service freed the vessel but the owner later claimed the grounding resulted from the service's own negligence. In the ensuing fee litigation the court examined whether the service's efforts proximately caused the successful rescue. The analysis turned on whether the fee claim could proceed despite the alleged fault.
Mills v. Electric Auto-Lite Co.396 U.S. 375, 385 (1970)
Common questions
Frequently Asked
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What distinguishes salvage service from ordinary towing?+
Salvage service responds to present or apprehended danger to a vessel. Ordinary towing merely expedites a voyage without addressing peril. The distinction determines whether a maritime lien for salvage arises.
Supporting sources
Can salvage service be provided under contract?+
Yes. The definition expressly includes aid given either voluntarily or by contract when a vessel faces danger. Contractual salvage still qualifies for the special remedies available in admiralty.
Supporting sources
Does the UCC salvage provision create the same right as maritime salvage service?+
No. UCC sections permit an aggrieved seller or lessor to salvage unfinished goods to avoid loss. That commercial right differs from the maritime lien and reward available for rescuing a vessel in peril.
Supporting sources
505 U.S. 1003 (1992)Property
…and nothing in the opinion suggests that the State's right to require uncompensated felling of the trees depended on any such salvage value. To the contrary, it is clear from its unanimous opinion that the Schoene Court would have sustained a law requiring the burning of cedar trees if that had been necessary to protect…