ABSTRACT
The non-contractual nature of the salvor’s rights was also addressed by Sir James Hannen P in The Five Steel Barges (1890) 15 PD 142 at p. 146 in the following terms: ‘‘The jurisdiction which the court exercises in salvage cases is of a peculiarly equitable character. The right to salvage may arise out of an actual contract; but it does not necessarily do so. It is a legal liability arising out of the fact that property has been saved, that the owner of the property has had the benefit of it shall make remuneration to those who have conferred the benefit upon him, notwithstanding that he has not entered into any contract on the subject.’’ See also The Hestia [1895] P 193 per Bruce J at pp. 199-200 and The Tojo Maru [1972] AC 242 per Lord Diplock at p. 292.
