MERCHANT SHIPPING ACT, 2007

Section 389: Conditions and amount of reward

2007Section 389 of 445Federal Republic of Nigeria

(1)
Every act of assistance or salvage which yields a useful result gives a right to equitable reward and as otherwise provided payment shall not be made to a salvor if salvage of operations do not yield any beneficial results.
(2)
The provisions of subsection (1) of this section shall apply notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same person.
(3)
A person who takes part in salvage operations notwithstanding the express and reasonable prohibition on the part of the vessel to which the services were rendered, shall not be entitled to receive a reward.
(4)
A tug shall not receive reward for assistance rendered to or for salvage of the vessel or the cargo of the vessel the tug tows unless it renders exceptional services which cannot be considered as rendered in fulfilment of the contract of towage.
(5)
The amount of reward to be paid for salvage shall be fixed by agreement between the parties, and, where there is no agreement between the parties, by the court.
(6)
The proportion in which a reward for salvage is to be distributed amongst the salvors shall be fixed in the same manner.
(7)
The apportionment of reward between the owner, master and other persons in the services of any salving vessel shall be determined as provided in this part of this Act.

Cite this section

Section 389, MERCHANT SHIPPING ACT, 2007 (2007).

https://repo.podus.ai/laws/merchant-shipping-act-2007/section/389/