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The Choko Star [1990]

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
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