ABSTRACT

At the Sydney Conference in 1994 the US Delegation proposed that the Rule be rescinded and the following be adopted in its place: Rule IV – Allowance for Sacrifice. One of the amendments effected in 1974 was to substitute the words "sustained by" for "caused by" in the phrase that previously read "loss or damage caused by cutting away wreck". Even as amended, the wording of this part of the Rule is criticised by Lowndes & Rudolf, on the ground that consequential damage to a part of the ship not previously affected by the accident could be caused by the cutting away of wreck. The case is instanced of a broken mast on an auxiliary sailing vessel which was cut away for the common safety, and as a consequence of being cut away caused damage to the propeller.