(i) Establishing Maritime Salvage

The essential features of maritime salvage are that when a ship or cargo is in danger those people who reasonably incur expenditure in successfully rescuing the ship or cargo are entitled to remuneration from the owners.^[1] It is crucial that the salvage is successful; there is no reward for failure.^[2] So a salvage award will only be made if and to the extent that property has been saved by the salvor. The salvor must be acting voluntarily, which means that he or she must not be under a pre-existing duty to carry out the salvage. So, for example, the crew of a ship will generally not be able to claim salvage from its owners, since their terms of employment will require them to salvage the vessel or its cargo.

• [1] the rescue of property on land: Sorrell v Paget [1950] 1 KB 252,260 (Bucknill LJ). Salvage has been extended toinclude the salvage of lives and aircraft. Provision is made by statute to reimburse expenses incurred inbringing shipwrecked seamen ashore and for burial expenses: Merchant Shipping Act 1995, s 73(2).
• [2] Semco Salvage and Marine Pte Ltd v Lancer Navigation Co Ltd [1997] AC 455, 459 (Lord Mustill).