The Mudcat Café TM
Thread #117967 Message #2547853
Posted By: Richard Bridge
24-Jan-09 - 11:22 AM
Thread Name: BS: Timber galore on Kent coast!
Subject: RE: BS: Timber galore on Kent coast!
Agreed, the person who abandons can only as such abandon his interest, and if he is a possessor but not the owner he can only as such abandon his possessory title.
However it is commonplace that a master may sell goods on board under an agency of necessity (if the goods are deteriorating), so I think it a little odd that he cannot also abandon them under a necessity. If the shipowner also owned the goods, then the captain's abandonment must surely affect the owner (the master being the shipowner's agent in any event). I can envisage all sorts of anomalies arising...