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Legal Definitions - salvager

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Definition of salvager

A salvager (also known as a salvor) is an individual or entity that voluntarily rescues property, typically a vessel or its cargo, from peril at sea, or sometimes from other dangers, with the expectation of receiving a reward for their efforts. The key elements are that the action must be voluntary (not under a pre-existing duty), the property must be in genuine danger, and the salvager must be successful in preserving or recovering it.

The reward, known as "salvage," is usually a percentage of the value of the property saved and is determined by a court or agreement, taking into account factors like the difficulty, danger, skill, and success of the salvage operation.

  • Example 1: Rescue of a Disabled Yacht

    During a severe storm, a private recreational boater, Mr. Henderson, spots a luxury yacht adrift and taking on water after its engine failed and its crew was incapacitated. Mr. Henderson, at considerable risk to himself and his own vessel, manages to secure a tow line and pull the yacht to the nearest safe harbor, preventing it from sinking or crashing into the shore.

    Explanation: Mr. Henderson acted as a salvager because he voluntarily rescued the yacht from immediate peril (sinking or grounding) and successfully preserved valuable property. He would likely be entitled to a salvage award for his efforts, reflecting the danger and skill involved in the rescue.

  • Example 2: Recovery of Sunken Cargo

    A specialized marine salvage company is hired after a cargo ship loses several containers filled with high-value electronics during a hurricane. The containers sank in deep water off the coast. The salvage company deploys remotely operated vehicles and divers to locate, secure, and lift the containers to the surface, successfully recovering a significant portion of the lost cargo.

    Explanation: The marine salvage company functions as a salvager by undertaking the complex and dangerous task of recovering valuable property (the containers and their contents) from peril (being lost at the bottom of the ocean). Their successful recovery entitles them to a salvage award, often a percentage of the recovered cargo's value, reflecting the expertise and resources required.

Simple Definition

A salvager, also known as a salvor, is a person or entity that voluntarily assists in saving a vessel or its cargo from peril at sea. For their successful efforts in recovering property, they are legally entitled to a salvage award.

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