Your vessel encounters a severe storm and arrives in port with deck damage and shifted containers. The charterer claims the cargo damage is the carrier's fault. What is a Sea Protest and why have you already noted it?

A. SEA PROTEST (also known as a Note of Protest or Marine Protest): a formal sworn statement made by the master (and sometimes one or more officers) before a Notary Public, Commissioner of Oaths, or British Consul, detailing exceptional circumstances (heavy weather, casualty, extraordinary events) that affected the voyage. Purpose: (1) EVIDENCE: creates a contemporaneous formal record of the weather and conditions encountered, noting that the events were beyond normal expectation and beyond the carrier's control; (2) PRESERVES RIGHTS: noted to preserve the carrier's rights against cargo interests under the Hague-Visby Rules — the carrier is not liable for loss or damage arising from: perils of the sea (Article IV Rule 2(c)); act of God (Article IV Rule 2(d)); and exceptions listed in Article IV; (3) TIMING: must be noted at the first port of call, as soon as possible after arrival — ideally within 24 hours; (4) EXTENDED: can be "extended" at the next port if further investigation reveals additional facts; (5) CONTENT: date/time/position of event, weather conditions, actions taken, damage caused, and a sworn declaration by the master. Important: a Sea Protest is not self-proving — it needs to be supported by weather records, logbook entries, and if needed, expert meteorological evidence in litigation.

B. A Sea Protest is only used after a collision — it is a collision report filed with port authorities. For cargo damage from weather, the correct document is a Cargo Damage Report.

C. Noting a Sea Protest immediately admits liability for the cargo damage. It should never be noted without legal advice and the P&I Club's express authorisation.

D. Sea Protest is only used by small vessel masters without P&I cover. On a commercial vessel, the P&I Club handles all cargo claims and no protest is needed.

A. LLOYD'S OPEN FORM (LOF 2020) — the standard maritime salvage contract: Key characteristics: (1) NO CURE — NO PAY: the salvor is only paid if the salvage operation is successful (salved property is brought to a place of safety). If the vessel is lost, the salvor receives nothing (except potentially under the environmental protection enhancement — SCOPIC); (2) SCOPIC CLAUSE (Special Compensation P&I Club): a supplement to LOF that provides the salvor a safety net of "special compensation" for costs plus uplift if their efforts protect the environment, even if the salvage itself fails — to encourage salvors to attempt environmentally beneficial but risky operations; (3) AWARD DETERMINATION: the salvage award is fixed by Lloyd's arbitration (not the contract) — the salvor and shipowner are both bound to arbitration; (4) MASTER'S AUTHORITY: the Master has authority under admiralty law to sign a salvage agreement on behalf of the shipowner and cargo interests in cases of IMMINENT DANGER — the authority arises from necessity and the master's agency role. In this scenario — aground, salvage required — you MAY sign LOF on behalf of the shipowner. Immediately notify the owner and P&I Club. Consider inviting SCOPIC activation.

B. Never sign LOF without express authorisation from the shipowner. Wait until the owner is reached even if the vessel sinks. Only the shipowner can commit to a salvage contract.

C. LOF means the salvor is paid a fixed percentage of the vessel's value regardless of success. It is always better to negotiate a daily hire rate instead of LOF.

D. The master has no authority to sign any commercial contract. LOF can only be signed by the company's legal department. Reject LOF and request services under towage terms.

A. GENERAL AVERAGE (GA): a principle of maritime law whereby extraordinary sacrifices or expenditures made voluntarily for the common safety of the venture are shared proportionally by all parties (ship, cargo, and freight). York-Antwerp Rules 2016 — the modern standard governing GA: Rule A: there is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure. REQUIREMENTS for GA: (1) Common peril — all parties (ship AND cargo) must face the same danger; (2) Voluntary act — intentional; (3) Reasonable — judged at the time; (4) Success — the property must be saved. In this scenario: flooding the engine room was voluntary, sacrificed cargo (destroyed by CO2 and flooding), and saved the ship — this is a classic GA act. DECLARATION: the master declares GA by noting it in the Official Log Book and notifying all B/L holders and cargo interests (through the P&I Club and average adjusters). The master appoints an Average Adjuster (Lloyd's Agents) to calculate each party's contribution. Cargo interests must provide a GA Bond and/or deposit before cargo is released.

B. General Average only applies if the ship's own cargo is sacrificed. Fire extinguishant damage to third-party cargo is a P&I liability, not General Average.

C. The master cannot declare General Average — only the shipowner can. The master's role is to record the facts; the insurance company declares GA.

D. General Average requires the sacrifice to be accidental. Since flooding the engine room was a deliberate decision, it is a tortious act and covered by hull insurance, not General Average.