Rethinking Unjust Enrichment, Bailment and Necessity: The Kos
In the Kos In The Winson, the House of Lords held that salvors who took steps to prevent deterioration of salved cargo after a salvage agreement had ended had “a correlative right to charge the owner of the goods with the expenses reasonably incurred in doing so”. The nature of such a “correlative r...
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| Main Authors: | , |
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2011
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| Subjects: | |
| Online Access: | https://ink.library.smu.edu.sg/sol_research/1103 http://www.i-law.com/ilaw/doc/view.htm?id=267690 |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | In the Kos In The Winson, the House of Lords held that salvors who took steps to prevent deterioration of salved cargo after a salvage agreement had ended had “a correlative right to charge the owner of the goods with the expenses reasonably incurred in doing so”. The nature of such a “correlative right” was never easily understood, despite the “bewildering number of theories” that have been put forward. The Kos represents the latest attempts by the courts to explain and apply the principle expounded in The Winson. The intricacy of this task was illustrated by the fact that the High Court and the Court of Appeal in the case reached different conclusions in doing so. |
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