TOWAGE
What is Towage?
Towage is the act of having one ship or boat pull (tow) another. The puller is referred to
as the tug, while the vessel pulled is referred to as the tow. Ships specialized for towing
are called tugboats. Ships without motive power, which can only be moved by towing, are
called barges.
As defined in English law, it is in essence a service by one vessel to another vessel for a
fixed remuneration. The most common reason for requiring this service is the lack of its
own motive power. Conventionally, towage is defined as “the employment of one vessel
to expedite the voyage of another, when nothing more is required than the accelerating of
her progress”. Apart from accelerating vessels, acquiring towage service is a common
practice for towing barges, platform of drilling oil, floating ship yards, etc. Along with the
development of sea carriage business and oil drilling business, many towage service
providers are set up nowadays.
Towage is based upon the employment of one vessel by another which means a contract
to employ that vessel. In most cases, contract will be in a standard form and part of this
work will be taken up by a detailed consideration of the standard form contracts in most
common use.
Towage contract characteristics
1. Tugs are not common carriers in respect of the vessels they tow.
Is defined as Common Carrier the one who runs the business of trade of carrying goods
and is usually employed by shippers. Common carriers for reward are absolutely
responsible for the goods they carry. However, no English or Commonwealth decision
has held a tug owner liable as a common carrier in respect of the vessel towed. So, in case
of any loss or damage to the tow, the burden of proving fault lies on the tugs owner.
2. Towage contracts are not contracts.
Ordinary principles of contract law are applied to towage contracts. The towage contracts
are not contracts in which one party is under a fundamental duty to disclose all material
facts within the parties’ knowledge and surrounding circumstances.
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