Towage is a legal term that refers to the act of pulling or pushing a vessel by another vessel, usually for a fee. Towage can be performed for various purposes, such as assisting a vessel in distress, moving a vessel from one place to another, or facilitating the navigation of a vessel in narrow or difficult waters.
Towage contracts are agreements between the owner or operator of the towing vessel and the owner or operator of the towed vessel, or their respective agents. Towage contracts can be either express or implied, depending on the circumstances and the conduct of the parties.
Towage contracts can also be either in gross or in proportion, depending on how the fee is calculated. In gross towage contracts, the fee is fixed and does not depend on the value of the towed vessel or its cargo. In proportion towage contracts, the fee is based on a percentage of the value of the towed vessel or its cargo.
Towage contracts are subject to various legal rules and principles, depending on the jurisdiction and the nature of the towage. Some of these rules and principles are:
- The duty of care: The towing vessel owes a duty of care to the towed vessel and its cargo, and must exercise reasonable skill and diligence in performing the towage. The towing vessel is liable for any damage or loss caused by its negligence or breach of contract.
- The duty to obey instructions: The towing vessel must obey the instructions of the towed vessel, unless they are manifestly unsafe or unreasonable. The towing vessel is not liable for any damage or loss caused by following such instructions.
- The duty to indemnify: The towed vessel must indemnify the towing vessel for any damage or loss caused by its fault or negligence, or by the inherent defects or dangers of the towed vessel or its cargo.
- The right of lien: The towing vessel has a right of lien over the towed vessel and its cargo for any unpaid fees or expenses incurred in performing the towage. The towing vessel can enforce this right by arresting or detaining the towed vessel until payment is made.
Towage is an important and complex aspect of maritime law, and requires careful consideration and drafting of towage contracts. If you need legal advice or assistance regarding towage matters, you should consult a qualified maritime lawyer.