engleski

Standard form salvage contracts: the scope of the duty to exercise best endeavours

The article examines the contractual duty of a salvor to perform with best endeavours whilst engaged in salvage operations, as required by a number of standard salvage contract forms in use, such as the LOF, Scandinavian Salvage Contract, MARSALV Form, 1994 China Form, 1991 JSE Form and the TOF. The standard of ‘best endeavours’ is compared to the standard of ‘due care’ as established by the 1989 Salvage Convention, and to the standard required by those standard salvage contract forms where different criteria of salvors’ performance are expected, such as for example the Boat Owners’ Associations of the United States Standard Form Yacht Salvage Contract and the MAK form. The purpose of the research and comparison is to determine what ‘reasonable’ conduct of a salvor consists of, as compared with the principle of reasonableness as found in the general common law and civil law jurisdictions.

salvage; salvage contracts; duty of care; best endeavours

Ovaj rad, uz poneke minimalne iznimke, odlukom uredništva časopisa The Journal of International Maritime Law i MarIus, objaviti će se u oba časopisa.