Rethinking Unjust Enrichment, Bailment and Necessity: The Kos

Publication Type

Journal Article

Publication Date

2011

Abstract

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.

Discipline

Commercial Law

Publication

Lloyd's Maritime and Commercial Law Quarterly

Volume

2011

Issue

2

First Page

178

Last Page

184

ISSN

0306-2945

Publisher

Informa

Additional URL

http://www.i-law.com/ilaw/doc/view.htm?id=267690

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