Industrie Chimiche Italia Centrale and Cerealfin SA v Alexander G Tsavliris & Sons Maritime Co (The Choko Star) [1990]
Facts
- The master of a ship commissioned salvors from Europe to save his ship, which was sinking in an Argentinian river
Issue
- Was the master authorised to conclude salvage contracts on behalf cargo owners out of necessity?
Decision
- Yes, but no necessity on facts
Reasoning
- Agents may make contracts out of necessity if it can be stablished that it was a true necessity
- The agent (master) should have utilised local salvors who had knowledge of the local river
