-
karthikpandian19
- Legendary Member
- Posts: 1665
- Joined: Thu Nov 03, 2011 7:04 pm
- Thanked: 165 times
- Followed by:70 members
Despite quantum leaps in transportation technology in the twentieth century, laws regarding cargo found at sea have remained virtually unchanged since the seventeenth century. Flotsam (floating cargo from a shipwrecked vessel), jetsam (sunken cargo thrown overboard to lighten a distressed vessel), and lagan (discarded underwater cargo marked with a buoy for subsequent retrieval) all belong, according to maritime law, to the original owner no matter how long the cargo remain in the water. Discarded cargo of any type can be held for salvage; the owner may then claim it if they pay an equitable reward to the finder. If, after a reasonable time, the owners fail to appear, the salvager may claim the cargo as his or her own.
The advent of the airplane brought about a new legal dilemma: were salvage laws applicable to cargo retrieved from an airplane downed at sea? According to judicial decisions in the United States, such cargo is placed under appropriate maritime laws as long as it is found in navigable waters. But this should come as no surprise to students of American jurisprudence, since previous United States court rulings have absurdly applied salvage laws to money found on a body floating in a lake. No doubt future American judges will allow cargo salvaged in space to fall under these same laws.
The author uses the example of the "airplane downed at sea" in order to
show a potential incongruity between current law and technology
present an instance when current law satisfies a practical need
demonstrate the failings of the American legal system
justify an otherwise unpopular legal opinion
prove a theory using an example from history
The advent of the airplane brought about a new legal dilemma: were salvage laws applicable to cargo retrieved from an airplane downed at sea? According to judicial decisions in the United States, such cargo is placed under appropriate maritime laws as long as it is found in navigable waters. But this should come as no surprise to students of American jurisprudence, since previous United States court rulings have absurdly applied salvage laws to money found on a body floating in a lake. No doubt future American judges will allow cargo salvaged in space to fall under these same laws.
The author uses the example of the "airplane downed at sea" in order to
show a potential incongruity between current law and technology
present an instance when current law satisfies a practical need
demonstrate the failings of the American legal system
justify an otherwise unpopular legal opinion
prove a theory using an example from history
